Running head: LEARNING TEAM REFLECTION: WEEK 3 IRAC BRIEF

Learning Team Reflection: Week 3 IRAC Brief

Dipesh Mistry, Hala Alnajjar, Chad Salcido
LAW 531
August 23, 2015
Jonathan McGovern

LEARNING TEAM REFLECTION: WEEK 3 IRAC BRIEF

Apple vs Samsung Patent Case Intellectual and Digital Property Dispute

Intellectual property consists of patent, copyrights and ideas of the mind. Methods of
dealing with disputes arising from theft of intellectual property include the uniform trade secrets
act, US patent and trademark office and no electronic theft act. Personal property is any tangible
property that is attached to the land or building owned or movable items like furniture or a
painting.

Case
Apple vs. Samsung is an intellectual property dispute due to the seven issuing patents that
Apple owns the rights to. On April 15, 2011, Apple issued an official complaint stating: "Instead
of pursuing independent product development, Samsung has chosen to slavishly copy Apple's
innovative technology, distinctive user interfaces, and elegant and distinctive product and
packaging design, in violation of Apple's valuable intellectual property rights" (Elmer-DeWitt,
2011).

Issue
The dispute is if Apple's patent case against Samsung is valid under US patent law.
Currently, patents are awarded to the 'first to invent' rather than 'first to file' (Jaffe, Adam and
Lerner, Josh. p. 38-43). This creates issues with the companies contesting that they created
designs prior to alleged infringing devices being released. Samsung claims that the patents are
abstract and non statutory and that they are not embodied in something physical like a computer
medium. The case began in 2011 when Apple issued an official complaint on April 15th.

LEARNING TEAM REFLECTION: WEEK 3 IRAC BRIEF

Patent Infringement is the unauthorized use of anothers patent (Cheeseman, 2012. p.

127). Section 101 of the U.S. Patent Act, Title 35 of the United States Code, our legal system
grants rights and protections for owners of the original property. This kind of property that is the
product of cognitive effort is called intellectual property. Apple created the iPhone and the onscreen icons, had it federally patented, trademarked, and copy-written. Under intellectual
property, rights for individuals who are the possessor of intellectual property are protected by
federal and state trade secret laws. Creating patents protecting Apples inventions, by Apple
obtaining copyrights, it protects their written, artistic illustrations, and by Apple trade marking its
products, provides protection of the name identifying the product.

Rule:
The Jurys verdict determined six of the seven patents infringedApplepatentstobevalid,
includingthreepatentsthatareinregardtothestructureoftheIphoneandonscreen
applications.Thejurorsawarded$1.05billionindamages.Otherfindingsduringthecase
consistedof,ApplepatentswerewillfullyinfringedbySamsung(Vascellaro, 2012),which
allowsJudgeLucyKohthedecision,ifneeded,totripleApplesdamagesaward.Duetothe
casebeinginfavorofAppleandthedamagesthatmayincurinthefuture,Applefiledamotion
ofpreliminaryinjunctiononSamsungsproductsinquestion.Thisinjunctionwillprevent
SamsungfromreleasinganyfurthertechnologythatmaybeassociatedwiththeApplespatents
inthiscase.
Analysis:

LEARNING TEAM REFLECTION: WEEK 3 IRAC BRIEF

The case between Apple vs Samsung started by Apple issuing a complaint and accusing
Samsung of patent infringement. Samsung retaliated by inserting five patents of their own into
the case with the intent to discredit Apples innovation. Overall, Apple cited 28 Samsung
products in the case and recovered $1.05 billion in damages and with the possibility of that
number tripling at Judge Kohs discretion. This particular case brought forward an unforeseen
amount of evidence towards the number of claims that were in dispute. Given that Apple and
Samsung are two of the leading companies in innovative technology, there will be a global
impact within the smartphone and handheld technology industry. The trial created a new outlook
on the relationship between technology and patents and how it relates to the various forms of
intellectual property. This case was one of the first to incorporate multiple patents covering:
software and hardware design, high-speed communication and the design features of the device.

There will be an appeals process and both companies will question the process and the
contract language made by the Public Patent Foundation. Theverdictlaunchesthenextphase
ofthepatentbattle.SeverallawyersfollowingthecasepredictAppleandSamsung,amongthe
world'slargestandrichesttechnologycompanies,couldtakeappealsallthewaytotheU.S.
SupremeCourt(Vascellaro, 2012). The constant forward progression of technology has created
a viewpoint on the patent process and possible reformation. Both Samsung and Apple have the
resources to continue this legal battle in order to prevent the other company to have a stronger
position in the Smartphone industry. In Samsungs case, to not give Apple the $1.05 billion that
is currently owed to them that may increase based on Judge Kohs findings, and also pay Apple
a royalty if they wish to use the technology in the future that has been deemed Apples
ownership.

LEARNING TEAM REFLECTION: WEEK 3 IRAC BRIEF

References

"2011 Top 50 US Patent Assignees." IFI CLAIMS Patent Services. N.p., n.d. Web. 01 Nov. 2012.
http://www.ificlaims.com/index.php?page=misc_Top_50_2011

Cheeseman, H. R. (2012). Business Law, 8th Edition. [VitalSource Bookshelf version].

Retrieved from http://legacy.vitalsource.com/books/9781269357852/id/ch07figure5

Elmer-DeWitt, P. (2011, April 19). Steve Jobs Would Sue His Sister. Retrieved from:
http://fortune.com/2011/04/19/steve-jobs-would-sue-his-sister/

IRAC Week 3 Essay. (2015). Retrieved from http://www.antiessays.com/free-essays/Irac-Week3-619774.html

Jaffe, Adam and Lerner, Josh. "Patent prescription: a radical cure for the ailing [US patent
policy]," Spectrum, IEEE , vol.41, no.12, pp. 38-43, Dec. 2004.
http://ieeexplore.ieee.org/stamp/stamp.jsptp=&arnumber=1363639&isnumber=29873

Vascellaro, J. (2012, Aug 25). Apple Wins Big in Patent Case. Wall Street Journal. Retrieved
from http://www.wsj.com/articles/SB10000872396390444358404577609810658082898

LEARNING TEAM REFLECTION: WEEK 3 IRAC BRIEF

Week 3 - Learning Team A - IRAC Brief - RUNNING HEAD: Apple. (2015). Retrieved from
https://www.coursehero.com/file/9652899/Week-3-Learning-Team-A-IRAC-Brief/