Intellectual Property

Apple Rewarded Handsomely As Jury Finds Samsung Guilty of Infringement

It took less than three days of deliberation, approximately 22 hours, 109 pages of jury instructions, and a verdict form with nearly 700 individual questions for the jury to find Samsung guilty of infringing a number of Apple’s patents. As a result, Apple was awarded $1.05 billion in damages—nearly half of the $2.5 billion Apple requested—which is one of the largest intellectual property awards ever. Furthermore, there is speculation that Apple’s victory will provide the mobile (and computer) giant ample ammunition to launch similar attacks on its remaining mobile-phone rivals.

The jury found that Samsung infringed six out of the seven patents at issue, and that Apple didn’t violate any of Samsung’s five patents at issue in the case.

This outcome will...

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Intellectual Property

Apple-Samsung Trial Goes to Jury; See Each Side’s Proposed Verdict Form

The highly-publicized patent battle between Apple and Samsung will be handed over to the nine person jury this week. This case involves a complicated  battle over intellectual property, including several patents held by both Samsung and Apple.  So, what is required of the jurors?

One of the Wall Street Journal blogs, Digits, published an article with the proposed verdict forms from both Apple and Samsung. You can see Apple’s verdict form here, and Samsung’s verdict form here.

The forms include dozens of questions, with the basic goal of asking jurors to answer “yes” or “no” whether each device infringes a patent. These questions give way to fill-in-the-blank questions that ask for specific dollar amounts that Samsung is entitled to as a result...

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Intellectual Property

Trademark Protection: Background and Basics of the Lanham Act

The Lanham Act is the primary federal trademark statute of law in the U.S. The Act prohibits trademark infringement, trademark dilution, and false advertising (among other things). It’s name is derived from its creator, Representative Fritz G. Lanham of Texas, and the Act was passed into law by President Truman on July 5, 1946. The purpose of the Lanham Act is to protect trademarks so as to avoid consumer confusion and help consumers identify the source of particular goods or services.

How to Prevail on a Lanham Act Trademark Claim To prevail, the plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion....

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Litigation & Dispute Resolution

Seattle Woman Sues Coach, Inc.

King County resident Gina Kim posted for sale on Ebay a handbag she had purchased at a Coach store. She then received a cease and desist letter from Gibney Anthony, Coach’s legal representatives. The letter directed her to sign a statement indicating she took wrongful action in seeking to sell a counterfeit product, threatened up to $2 million in penalties, and demanded she pay $300 immediately. Now Ms. Kim, a 31-year-old Seattle Central Community College student, is filing suit.

She hired a Seattle law firm to represent her, and has now filed a complaint in federal court. The complaint, which can be read here, is seeking class action against Coach for (1) violation of the Washington Consumer Protection Act, (2) misrepresentation...

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