[governance] Apple Samsung Patent Trial: Closing Arguments Delivered
Salanieta T. Tamanikaiwaimaro
salanieta.tamanikaiwaimaro at gmail.com
Sun Aug 26 19:49:34 EDT 2012
Dear All,
The South Korean Summary of the Judgment of the Apple v Samsung saga in
South Korea is available via
http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201208241533501&code=940301.
It is available within te grey box and you can copy its contents and have
it translated to a language of your choice, ie. Arabic, Spanish etc.
The crude English Translation of the Summary Judgment of 2011가합63647 판결 선고문
원고 애플Inc, 피고 삼성전자 주식회사 using Google is as follows:-
2011 gahap ruling seongomun 63647
Plaintiff Apple Inc., Defendants Samsung Electronics Co., Ltd.
The Type
1 The gist of the plaintiff claims
A. Claimer
Galaxy S2 that the defendant manufactured, sold products such as the four
user interface associated with the plaintiff's patent, ie ① bounce back
Bounce Back-related patents, 120 patent, ② Slide the unlock (Slide to
Unlock)-related patents, 459 patent , ③ icon reconfiguration Icon
Reconfiguration related patents, 123 patents, the heuristics (Heuristics)
related patents, 831 patent infringement.
B. Design infringement claim
Of the six parts of the design, such as the shape of the manuscript of
mobile communication devices, namely shape-related design of mobile
communication devices 568 Design ①, ② icon array design 156 design, ③ note
that the defendant manufactured, sold products of the Galaxy S2 icon
related design, 164 design, ⑤ ④ 166 phone icon design design, both books
flipped related design, the M10 design, and (6) one book flipped related
design, the M12 design infringement.
The Unfair competition claims
Galaxy S manufactures products sold by the defendant by the plaintiff to
mimic the form of products such as the iPhone 3GS mistaken ① consumer
confusion was induced, ② weaken discernment as the types of products cover
products manuscript violated the Unfair Competition Prevention Law.
LA. Infringement prohibited and Claims
Defendant stopped to infringe the plaintiff's patent, Galaxy S2, including
production, sales, and disposal of products that patents per $ 25 million
won by calculating the sum charged as part of the damage suffered by the
plaintiff, seeking payment of 100 million won obtained.
2 The judgment of this court
A. 120 patents
1) 120 patents
120 patents, a touch-screen display on electronic documents through the
contact of the object translocate to reach the edge of the electronic
document, the area beyond the edge of the corresponding electronic
documents doedaga display, the contact of the user object If you stop
invention, which moves in the opposite direction that electronic documents
will not be displayed until the area beyond the edge of the electronic
document.
120 patents of some dependent claims beyond the edge of the electronic
document, the invention is related to the features that slow the movement
speed of the electronic document.
2) infringement
That drive run by the defendant of Internet products, galleries, such as
Notepad, to look at the sun, depending on the user's finger touches the
area beyond the edge of the electronic document was shown to stop the touch
of a finger, the area beyond the edge of the electronic document is not
visible solar powered solar powered, to move in the opposite direction
until the 120 patent therefore, defendant 120 products infringe patents.
Version of the defendant to build some of the products such driving the sun
does not appear, the product did not appear to slow the movement speed of
the electronic document features beyond the edge of the electronic document
that seems to be, but the defendant argued in the course of defendant about
120 patent infringement and that the product had no quarrel, according to
the principle argued defendant Products 120 patent infringement and shall
be deemed to have
3) invalid or
) Invented the establishment of
Defendants, 120 patents is only externally appear on the touch screen
display 'results' visual phenomena lend the instruction format of the
program, as described in the abstract, because the invention of established
requirements for completeness of invalid claims that 120 patents meet the
established requirements of the present invention is presented in the
specification of the program to be realized by hardware realization of
specific driving sun.
) Described the deficiency
Defendant, argued that one of the deficiency described in the 120 patent
illegality, the claims of the 120 patent because it is backed by a detailed
description of the specification described the deficiency of illegal do not.
) Novelty or inventive step
Tile preceding inventions (1) the defendant based on the 120 patent that
invention is not already known novelty launch email application, 'Lila'
inventions. Launch tile configuration is aligned in the opposite direction,
again depending on the user's scroll beyond the edge of the area was
interrupted when you touch the end of the e-mail list of e-mail
applications will appear when scrolling related inventions 'Lila' column
between the reconstructed configuration appears to touch the area beyond
the edge of the column was interrupted again in the opposite direction is
aligned. Altoona, launch email application tiles Notice that in general,
admit that there is no evidence the plaintiff, according to the evidence
2005. Symposium from 10000000000000000 HCLI launch email application tiles
vainly conduct that may be acceptable.
Tile (2) launch an email application, and 'Lila' 120 patent discloses all
components, which, with respect to plaintiff launch tiles and 'Lila' only
if the threshold less than or equal to the user's scroll-driven bounce back
the sun appears and the user threshold of scrolling more than this drive,
so the sun did not appear to argue that there was a difference between the
120 patent configuration and launch, one tile and 'Lila' to scroll all the
components of the 120 patent, if more than the threshold bounce not happen
one hundred and two to the configuration can be simply added that is
intended, eventually including all components of the 120 patent and that
120 patents launch tiles and 'Lila' by the novelty is negative.
Launch tiles and 'Lila' by 120 patents of some of the dependent claim (3),
however, the invention is related to slow the movement speed of the
electronic document beyond the edge of the electronic document if the
configuration of novelty negative does not. Defendant's claimed invention
can be disclosed in the above dependent subsection 'Lila' scrolling
drainage and related technologies on the basis of the defendant to
facilitate technical inventiveness that dependent claim above, is 'Lila'
are not progressivity denied by no one, so do not accept the above argument.
D) sogyeolron
Invalid reason for this apparent deadline to patent rights, rights abuses.
Of the claims of the 120 patent, as above, the deadline to claim the
novelty denied the exercise of rights is not allowed.
4) freedom conduct technical
Defendant, the defendant applied to the product technology announcements
from technology can be carried out to facilitate the freedom of
implementation techniques claimed to be one, as you saw earlier, the
defendant beyond the edge 120 of the patent's dependent claims, as to slow
down the configuration subsection above-dependent announcements of
technical invention can be obtained from the technical evidence that is
included, because the defendant's freedom to conduct technical product that
does not.
5) sogyeolron
Therefore, the plaintiff's 120 patent infringement claims, the remaining
claims and dependent claims, ie, that is not shown above are not
progressivity denied claim 35, 36, 53, 54, only about 87, 88, 104, 105 to
claim based on the allegations made is not the reason.
B. 459 patents
Features 1) 459 patents
When moving the unlock image displayed on the touch screen display to move
along the path to display a pre-determined or specific area unlock the 459
patent is the invention of an electronic device to unlock.
2) infringement
Defendant product because it includes a way to unlock by sliding the unlock
image 459 patents, 459 patent infringement.
3) invalid or
) Invented the establishment of
459 patents is only externally appear on the touch screen display 'results'
visual phenomena lend the instruction format of the program, as described
in the abstract, because the invention of established requirements for
completeness of invalid claims that one defendant, the 459 patent meet the
established requirements of the present invention is presented in the
specification of the program to be realized by hardware realization of
specific driving sun.
) Described the deficiency
Defendant, argued that one of the deficiency described in the 459 patent
illegality, the claims of the 459 patent because it is backed by a detailed
description of the specification described the deficiency of illegal do not.
) Novelty or inventive step
Has been developed from the neo-node, four mobile phones, based on 459
patent is not a novelty invention that (1) the defendant presented Of
mobile phones is so that you can unlock by sliding your finger along the
direction of the arrows that appear on the screen. Altoona eligible prior
art that is submitted as evidence in the real world of mobile phones, the
fact that there is no basis to plaintiff, in real life, even if not
submitted by other evidence in the prior art, technology announcements,
recognized that the performances conducted to admit evidence which neo-node
Saga 2005. 10000000000000000 N1m mobile phone released by sliding the
unlock feature generously admit the fact.
459 (2) Neo-node mobile phones most of the configuration of the patent
offers, but offers 459 patents unlock 'image' configuration not. 459
patents by the Neo-node mobile phones novelty negative does not.
(3) However, the graphics that move according to the user's touch unlock
'image' 459 patent Plaisant literature, etc., which are well known as an
object of the invention is disclosed in Neo-node cell phone by sliding the
unlock technology to combine objects in the graphic above normal of the
technician is considered easy. 459 patent literature, neo-node mobile
phones and Plaisant by the inventive step is denied.
4) sogyeolron
459 patents invalid, so the reason inventiveness defect rights based event
does not allow rights abuses.
The 123 patents
Features 1) 123 patents
123 patent icon reconfiguration mode by entering one of the touch-sensitive
display offers a portable electronic device to display a plurality of icons
on the finger touches longer than the time prescribed by detecting portable
electronic device, the user interface is simple and intuitive how you want
so that it can be reconfigured in a way that is invented.
2) infringement
Icon above listed specifications of the 123 patent, etc., in summary,
means' You can move the position of a plurality of icons in the status of
the 'reconfiguration mode' 123 patent, the defendant contact with fingers
longer than the time prescribed by swiping fingers does not have a
'reconfiguration' 123 patent configuration only the relevant icon, so you
can move. Therefore, the defendant product does not infringe the 123 patent.
3) invalid or
Plaintiffs claim that includes finger contact can only move the relevant
icon in the status mode, the reconfiguration of the 123 patent, 123 the
scope of patent rights be interpreted as such, 123 patents previously
disclosed in its filing date, touch screen files on your finger to drag
into contact with the same technology or invention, the invention can be
facilitated by the above techniques in technology as novelty or inventive
step is denied.
4) sogyeolron
Therefore, in every sense of the deadlines in the 123 patent, the
plaintiff's claim can not be accepted.
LA. 831 patents
Features 1) 831 patents
Heuristics such since finger movements, regardless of the user's finger to
the initial movement angle, solely on the basis of a one-dimensional
two-dimensional scrolling or scrolling commands corresponding to the 831
patent, invention.
2) infringement
The basis of the user's finger on the angle of initial movement defendant
that are driving the sun, corresponding to a scrolling command appears by
scrolling one-dimensional or two-dimensional.
However, Galaxy S, K, U part of the build version, Galaxy S2 scrolling
one-dimensional or two-dimensional scrolling command based on the angle of
initial movement since the start, even though the angle of the finger
movement is rapidly changing, if the above one-dimensional or
two-dimensional scrolling command is turned off, so does not infringe the
patent, 831.
The remaining defendants, except for the above product, products, depending
on the angle of initial movement of the one-dimensional or two-dimensional
scrolling command is initiated regardless of a one-dimensional or
two-dimensional, since the finger movements and scrolling command is
maintained infringe the 831 patent. One exceptional driving under the sun
related to the Galaxy Tab 10.1 and 0.1 seconds in the angle of the finger
movements made on the basis of non-infringement of the 831 patent claims,
the defendants within 0.1 seconds of finger movements that can be used to
determine the user's intention initial finger movement is difficult to view
it as such can not accept the claim.
3) invalid or
) Invented the establishment of
831 patents is only externally appear on the touch screen display 'results'
visual phenomena lend the instruction format of the program, as described
in the abstract, because the invention of established requirements for
completeness of invalid claims that one defendant, the 831 patent meet the
established requirements of the present invention is presented in the
specification of the program to be realized by hardware realization of
specific driving sun.
) Described the deficiency
Defendant, argued that one of the deficiency described in the 831 patent
illegality, the claims of the 831 patent because it is backed by a detailed
description of the specification described the deficiency of illegal do not.
C) adding new details
Add a new 831 in the patent application process, the defendant argued that
the legalities. Observe pray, at the request of the first of the 831
patent, according to the 831 patents filed Inspector angle of initial
movement on the basis of 'just listed, this' secondary correction after the
initial movement angle, solely on the basis of the initial movement is
detected, is called substrate added to admit that, regardless of all other
movements. This initial specification not listed in the new additions would
be so, 831 Patent Law, Article 133, paragraph 1, item No. 6 according to
the patent is invalid reasons.
4) sogyeolron
Of new details added 459 patents invalid reason, because exercise of rights
based does not allow rights abuses.
Matt. 568 Design
Design Features 1) 568
568 design as the exterior design of mobile communication devices, the
corners right and left, rounded rectangular shape, the surrounding bezel
(bezel) ② rectangular shape, 3 on the front screen of a large
rectangular-shaped point at the top of the screen, ④ ① ⑤ front operation
button at the bottom of the circle, and as long as the speaker holes marked.
2) infringement
) Design books design registration was a novelty in the shape of goods,
including announcements of grant, which is the combination of shape, color,
shape and appearance filed by announcements partial monopoly and exclusive
rights to be recognized, so even if the design highly appreciated and
underestimated the importance of the announcements part, the relative
importance of novelty in part to judge the books of the same. similar
should be.
Galaxy S) 568 the defendant's design and product design, corner rounded
rectangular shape points, (2) rectangular shape, around the bezel (bezel)
in (3) on the front screen of a large rectangular shape ①, ④ shape-related
design of mobile communication devices in the above, when viewed in light
of the similarities and marked at the top left and right of the screen as
long as the speaker holes, one Advanced Design JP1241638 Japanese design,
the LG Prada phone design, RCD000569157 European Community Design
similarities ①, ②, ③, ④ features designs with already known that, because
of the design, including the design of the manuscript, and the defendant's
Galaxy S product that just because you share the similarities of the known
characteristics of the two designs are the same can not jump to a
conclusion like that.
Even small variations of the design and feel a sense of aesthetic, design
width of the deformation front design for mobile communication devices with
touch screen) itself, so no big consumers, especially in this case the
plaintiff's design and components are very by the overall aesthetic of the
design elements that make small changes have been simplified, as well as
the design itself is very small number of components that affect the
overall aesthetic can vary greatly. Given these points, the defendant
Unlike the front of the button at the bottom of the shape and number, side
of the curve, such as the design of the backside of the drawings and the
camera, and the design of the manuscript and the manuscript of the design
based on minimalism, simplicity and there is a difference, other forms of
of the aesthetic sense that the design of mobile communication devices that
implement that can be evaluated. Mobile devices with a touch screen, for
example, in the design of the front bezel, rounded rectangular form with
wide rectangular screen, speakers left and right as long associated with
the hole design is known, as well as mobile devices with touch screen,
typically On the other hand, the forms that because the width of
deformation is not large, and the possibility of wide variations in
operation buttons at the bottom of the Galaxy S products, etc., depending
on the configuration and design of these operations button, you can get the
difference between the overall aesthetic, the defendant selected buttons
and three buttons of different shapes, the circular design of the
manuscript, there is a difference. Furthermore, selected defendant's Galaxy
S product, etc., hair ornaments, 'hairpin' side of the curve, in the form
of original manuscript aspects of the design curve and the difference in
part, defendant's Galaxy S product backside was added to dense small
circular pattern and difference backside and simple, clean design of the
manuscript, the camera border, comprehensively consider the extent and
importance of the difference of these two designs, the two will be
different from the overall aesthetic design.
's Galaxy S product, the defendant's manuscript of the same design and the
design is similar in design, it is difficult to see La) 568 in the original
design right infringement does not.
Bar. 156 Design
Design Features 1) 156
Is a design icon icon arrangement on mobile devices and on the 156 design.
2) infringement
156 design described in the specification to design the scope of protection
of the rights described in the specification, which is to form as well as
the array of icons and the scope of protection to the specific shape of the
individual icons are. 156 design similar to the design in order to become
icon array, as well as the form the specific shape of the individual icons
should be similar. Galaxy S product, the defendant's icon design applied,
but the design is similar to the plaintiff's there to see in the form of an
array design is similar to the plaintiff's specific shape individual icons
in can not see. Thus, the defendant applied to the product does not
infringe the rights of the plaintiff 156 design icon design.
Four. 164 Design
Design Features 1) 164
164 design, is on the note icon design.
2) infringement
Galaxy S product, the defendant's applied 164 design reminiscent of the
Legal Pad, and Memo icon brown sticky note on the board attached in the
shape reminiscent of, and therefore, the two designs are the same, are
similar difficult.
3) invalid or
Novelty or the plaintiff's memo icon design and Legal Pad Legal Pad concept
design design icon design and the same. Similar design or therefrom can
facilitate creative design, so there is a reason for the deficiencies of
the original cost reason invalid.
4) sogyeolron
Thus, plaintiff's claim based on the 164 design in every sense of the word,
is no reason.
Oh. 166 Design
Design Features 1) 166
Design 166 Design icon on the phone.
2) infringement
The design of the design, since it's similar to the 166, 166, the defendant
used a telephone icon infringement.
3) invalid or
Phone icon from the prior design of the defendant previously was used from
the 166 design to facilitate design, so you can be creative, original cost
of defect of reason invalid reason.
4) sogyeolron
166 obvious to be invalid exercise of rights based on the design
corresponds to the abuse of rights is not allowed;
Party. M10 Design
1) M10 Design Features
M10 is the design of the relevant design of both the book flipped.
2) infringement
Wraparound design defendant used books are similar M10 design and design,
M10 infringement.
3) invalid or
M10 design that can facilitate creative design from the preceding book
flipped related design, because the original cost of defect of reason
invalid reason.
4) sogyeolron
Rights abuses in the exercise of rights void to be obvious based on the M10
design is not permitted by applicable
Party. M12 Design
1) M12 Design Features
M12 design, design is the one book flipped.
2) infringement
Wraparound design defendant used book design similar to the M12, M12
design, so infringement.
3) invalid or
M12 design that can facilitate creative design from the preceding book
flipped related design, because the original cost of defect of reason
invalid reason.
4) sogyeolron
Void to be obvious M12 corresponds to the abuse of rights, the exercise of
rights based on a design by permit does not.
Car. Act confused Source products
1) Thurs prescribed goods subject to act confused whether the Unfair
Competition Prevention Law Article 2, paragraph 1 (a) whether the judgment
likely to confuse consumers of products subject to actual trading
relationship based on whether you need to, so homeopathic products used to
observe the overall objective and separation of the two products cover
appearance, title, formally the notion of one, even if it is similar to the
deal considering the matter to the similarity of confusion If you do not
have to worry about the possibility of confusion is denied.
① the thin side, and 2) the plaintiff's iPhone 3, such as the defendant's
Galaxy S, ③ transparent surface that covers the front of the shape of a
rectangle with rounded corners that face the entire flat and transparent ②
the front of the product, the bezel around the (bezel or border) that ④
under the transparent side of a rectangular shape and a wide-screen, the
black edges on the perimeter of the screen that when ⑤ unit operates a
rectangle with rounded corners in various colors of icons screen are
arranged above that there are similarities, but these similarities are
difficult, and mobile communication devices, or identify the cover of the
tablet computer, which functions as an important element In addition to
these similarities, the difference between the front bottom center of the
operation buttons, ①, ② manuscript marked apple-shaped emblem on the back
of the product (), and defendant indicated on the product indicates that
the defendant's product) emblem (low prestige, such ③ plaintiff's iPhone 3,
brand names and the defendant's Galaxy S and the product name itself
jujiseong prominent lettering on the packaging box is displayed when you
purchase ④ mobile devices and tablet computers, consumers simply rare and
reported only if you choose the appearance, product names, operating
system, performance, trademarks, works, manuscripts, applications, to
select the product, price, after-sales service, the existing product or
service, and the compatibility of several factors, including the
comprehensive consideration of the general points such as the summary, when
the real deal in relation to confuse consumers by the products of the
plaintiff and defendant's products possibilities that will
3) confused acts of the Unfair Competition Prevention Law on Product Source
defendant was the plaintiff's claim is not the reason.
Car. Prominent Trademark Dilution Act
1) the well-known trademarks of the Unfair Competition Prevention Law
Article 2, paragraph 1 (c) of subdivision prescribed dilution, in order to
constitute an act of the plaintiff's iPhone 3 products in the form of the
plaintiff's product, indicating that identifies me as a cover, and the need
to acquire the reputation the form of a product is identified, the cover
has acquired a reputation as low, with the product in the form of
distinctive features traders or consumers, as well as to most of the
general public are significantly individualized enough to cover sales of a
particular source is reminiscent gain dominance enough to be reached.
Observe how about the form of products 2) the plaintiff identified as a
sign earned me fame pray alone, the evidence submitted by the plaintiff,
the plaintiff's iPhone 3 cover as of such identification in the form of the
product acquired that reputation and to admit that the lack of , otherwise
there is no evidence to admit it.
3) There is no evidence that the defendant admit to dilute the
distinctiveness of the plaintiff identify the products of the cover was also
4) the defendant acts to dilute the prominent trademark on the Unfair
Competition Prevention Law was the plaintiff's claim without reason.
Other. Infringement prohibited and damages, obligations,
1) the defendant to stop production and sales of products, including some
120 patents of the plaintiff's infringement of a dependent claim that
Galaxy S2 has an obligation to dispose of the above products.
2) the plaintiff claimed damages only partially the case is not finalized
for the full amount of damages to the plaintiff's damages, but not exceed
the amount of the plaintiff to obtain a clear, because the defendant, as
the plaintiff to obtain part of the damages suffered by the plaintiff,
obligated to pay $ 25 million of liquidated damages and delays.
Order
1 The defendant,
A. Appendix 1 list, listed for each product, production, transfer, lease,
or rental offer for rental or transfer (including exhibits) to import or
transfer shall not be
B. Repeal all finished and semi-finished products are kept in the
defendant's office, factory, warehouse, office, Exhibit 1 lists each
product listed.
2 Fri 25,000,000 and the defendant to the plaintiff for 2011. 6 30 from
2012. 8 24 until the annual 5%, let them off the next day from the day of
the amounts owed by each rate of 20% per annum until paid.
3 Dismissed the plaintiff's remaining claim.
4 Litigation costs 3/4 of the plaintiff, and the rest shall be borne by the
defendant.
5 Paragraphs 1 and 2 can be gajiphaeng
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