Apple's proposition
From the beginning of the lawsuit, Apple claimed in various statements and materials that Apple invested heavily in the research and development of iPhone and iPad, and these products have become industry standards, while Samsung deliberately copied Apple's products and designs. In order to win the lawsuit, Samsung must overturn Apple's claim and prove that its products are independently developed.
In this case, Apple launched a full-scale attack on Samsung and filed a lawsuit in four aspects: trademark, appearance, design patent and technology utility model patent, each of which involved a number of patent infringements. To this end, the judge asked both parties to minimize the number of infringing patents. In the end, all trademark fees were rejected, except for one appearance fee, four patent fees and three technical utility model patent fees.
Although the number of claimed infringing patents has been greatly reduced, the case is still a bit bloated and urgent, given that both parties have only 25 hours to state their views.
The following are Apple's allegations against Samsung in three aspects:
Patent accusation of design
The design patent accusation * * * involves four patented technologies, two about iPhone, one about iPad and the other about the layout of iOS icons.
Patent d 6 18677: on the front speaker slot, the concise and tidy front design and screen boundary.
Comprehensive analysis of Apple's Samsung patent dispute: reconciliation is the easiest way.
IPhone layout design patent (Tencent technology with pictures)
Patent D593,087: About the Home key, simple and neat front design, rounded corners and front boundary.
Comprehensive analysis of Apple's Samsung patent dispute: reconciliation is the easiest way.
IPhoneHome key and fillet design patent (Tencent technology with pictures)
Patent D604,305: About icon layout and bottom dock.
Comprehensive analysis of Apple's Samsung patent dispute: reconciliation is the easiest way.
IPhone icon design patent (Tencent technology with pictures)
Patent D504,889: Curve design, edge boundary, rounded corners, front screen, simple aesthetic feeling of front, back and side of tablet computer.
Comprehensive analysis of Apple's Samsung patent dispute: reconciliation is the easiest way.
IPad tablet appearance patent (Tencent technology with pictures)
Samsung will argue for this and ask the jury to invalidate Apple's patent because it is too extensive. In addition, Samsung will claim that its products are not as described in Apple's patent at all.
Allegation of appearance infringement
The classic case in this respect is the bottle of Coca-Cola, whose distinctive shape is the symbol of Coca-Cola. Compared with design patents, it seems easier for Apple to accuse appearance infringement.
In terms of appearance, Apple holds 3,470,983 patents, mainly about the front and first screen icons of iPhone and iPad. There is evidence that consumers do have this kind of confusion.
According to the documents previously submitted by Apple, the consumers of Best Buy returned the Samsung GalaxyTab after purchasing it, because the users thought it was Apple iPad2 before purchasing it. Although this is not the final judgment of the judge, I believe Apple will seize this point at that time.
Practical patent accusation
In addition to the above allegations, Apple also accused Samsung of infringing a number of its practical patented technologies, mainly in terms of functions.
Patent No.7,469,381:The "scrollback" patent of IOS allows users to present background patterns when sliding over the edge of a web page or document.
Patent No.7,844,965,438+05: Judge whether the user slides with one finger or zooms with two or more fingers.
Patent No.7,864, 163: When multiple contents are displayed on the screen, zooming is performed by gestures.
Samsung products are accused of infringement.
Although Apple has reduced the number of infringing patents, it points out that there are still 25 Samsung product designs infringing, including GalaxySII, Epic4G, Captivate, Vibrant, Infuse4G, DroidCharge and GalaxyTab 10. 1.
Comprehensive analysis of Apple's Samsung patent dispute: reconciliation is the easiest way.
Samsung products are accused of infringement (Tencent Technology with pictures)
Apple's claim amount
Apple claimed a total of $2.525 billion from Samsung.
2. Samsung sued Apple
Samsung's proposition
There is no doubt that Samsung's most important task is to keep the jury away from Apple's claim. To do this, Samsung must convince the jury that even if Samsung's innovation ability is not stronger than Apple's, it is at least as good as Apple's.
For Samsung, it is not difficult to do this. After all, Samsung has invested billions of dollars in research and development and has thousands of patents. According to Samsung, Apple is still a latecomer in the mobile market and has used many Samsung patents without paying.
In addition, Samsung also needs to prove that many of Apple's inventions did not start from scratch, but borrowed some inspiration and creativity from other companies such as Sony.
In addition, Samsung can also claim that it has 20 years of experience in mobile phone manufacturing. So before Apple introduced the iPhone, Samsung was already developing similar products.
Samsung * * * sued Apple for infringing five patents, two of which are about industry standards and three are about technical practical functions.
Industry standard patent accusation
Patent No.7,675,941:e-bit technology of 3gpp standard.
Patent No.7,447,565,438+06: Using power limiting technology to reduce the interference under the 3GPP standard.
According to Apple, Samsung asked Apple to pay a license fee of $65,438+04.40 for each iPhone and iPad sold. Because these patents belong to the "basic" technology of 3G, there is not much controversy about whether they infringe. But the problem is that Samsung has provided Apple with a reasonable license price, and Apple does not accept it. Apple, on the other hand, thinks that the 2.4% price of iPhone and iPad demanded by Samsung is unfair.
For Samsung, the positive side is that Samsung has been supporting industry standards organizations for many years, and there has never been a similar infringement incident.
For Apple, in addition to accusing Samsung of abusing industry standard patents, it also needs to prove that it has obtained 3G patent authorization to a certain extent. For example, Apple has purchased patents for wireless baseband chips from Intel, which are applicable to iPhone4S, iPad2 and new iPad, and Intel has paid Samsung the related licensing fees.
Patent accusation of practical function
Patent No.7,577,460: Method of sending email with or without pictures with a smart phone with a built-in camera.
Patent No.7,456,893: Switching between photo and image display modes. When the user switches back to the display mode, the previously browsed images will be displayed.
Patent No.7,698,765,438+065,438+0: Select "MP3 mode" on the mobile device and play music in the background when performing other multi-tasks.
Apple products are accused of infringement
Every iPhone and iPad.
3. Open a court hearing
For Apple, this is a simple and complicated case. This is a simple lawsuit and there are too many problems to be solved. Apple has to provide evidence for every accusation, and it only has 25 hours.
Tim Cook, CEO of Apple, and Jonathan Ive, vice president of design, will not appear in court for the time being, but ScottForstall, senior vice president of iOS, Phil Schiller, senior vice president of marketing, and Dale Su En, president of Samsung USA will testify in court.
Comprehensive analysis of Apple's Samsung patent dispute: reconciliation is the easiest way.
Scott forster, senior vice president of Apple's iOS, phil schiller and Greg Joswiak, senior vice presidents of marketing, and Dell Su En, president of Samsung USA (picture from Tencent Technology).
Of course, before the jury makes a verdict, Apple and Samsung may also figure it out and finally resolve it through negotiation.