Design Patents Taking Center Stage in IP Litigation

Center Stage.pngBy Toban Platt

In Apple v. Samsung, the Federal Circuit court of appeals showed how valuable a design patent can be by affirming the trial court’s award for over $500 million dollars to Apple based largely on its design patents. This decision put design patents in the spotlight of intellectual property protection. The case first started in 2012 and revolved around design patents on particulars of Apple phones, including D618,577 (black rectangle with rounded corners), D593,087 (bezel on surrounding rim), and D604,305 (colorful grid of 16 icons). Apple was able to show that several Samsung phones were substantially similar to the iPhone, which included the design patents at issue. The court found this entitled Apple to collect all of the profits Samsung had made from its infringing phones.

Continue reading

Apple Faces Further Intellectual Property Hurdles in Beijing

Apple DownBy Kiran Jassal

This month, a Chinese company known as Shenzhen Baili Marketing Services Co. won a regulator’s patent ruling in Beijing against Apple for its rounded-edge smartphone design, stirring fears that Apple’s iPhone 6 would be shut out of the market in China. This ruling comes one short month after Apple lost its fight to keep the “iPhone” trademark exclusive to its products following a Beijing court ruling that a little-known accessories maker could use the trademark for a range of its wallets. And among the many interesting dimensions to this recent patent dispute, Apple’s woes are even more complicated by its struggle to keep confidential designs under wraps as they work their way through Apple’s supply chain.

Continue reading

Apple Gets New Encryption Patent as Apple v. FBI Feud Seemingly Comes to an End

appleBy Denise Kim

After the Federal Bureau of Investigation (FBI) announced on March 28 that it had successfully accessed the iPhone used by one of the gunmen in the San Bernardino terrorist shooting without Apple’s help, the Department of Justice (DOJ) is now officially dropping its case against Apple. Earlier, the DOJ’s motion for continuance halted the ongoing feud between Apple v. FBI. The DOJ filed the motion on March 21, 2016, one day before the court decided whether Apple would be forced to hack into its own system. In its memorandum of points and authorities, the DOJ claimed that on March 20, 2016, an “outside party demonstrated to the FBI a possible method for unlocking Farook’s iPhone.” After successfully unlocking the iPhone, the government asked the federal judge to vacate the disputed order. Continue reading

Apple Encryption Under Fire: Judge Says FBI Can Force Apple to Hack its Own Encryption Systems

passcodeBy Brennen Johnson

The fight is back on between Apple and the FBI over encryption technology. In June 2014, we first covered Apple’s move to encrypt iOS 8 phones that could stump even the FBI. But the FBI wasn’t happy about it. Last November, we covered how the FBI sought a court order to force Apple to develop a method for breaking the encryption on these phones with “brute force.” However, the phone in that case ran older software that Apple could simply unlock, iOS 5, so the FBI wasn’t able to use the case as a stepping-stone to win the fight over encryption.

But as of last Tuesday, February 16, the heat turned up when a Federal Magistrate Judge ordered Apple to provide the FBI with software and technical support to help crack an iPhone of one of the San Bernardino shooters. Authorities recovered the iOS 9 phone after a married couple, Rizwan Farook and Tashfeen Malik, shot and killed 14 people and wounded 22 others last December. After the judge issued the order, Apple CEO Tim Cook called the order a “dangerous precedent that threatens everyone’s civil liberties,” while other tech giants, like Google, stated their own support for Apple: Continue reading

Taking a Bite Out of the Big Apple: Law Enforcement and the Apple iPhone

iphoneBy Michael Huggins

On October 26, 2015, the United States government argued before a federal magistrate judge in New York that it should be able to force Apple to unlock an iPhone as part of a criminal investigation. The federal government filed a request for a court order to compel Apple to comply pursuant to the All Writs Act— an 18th Century law that allows federal courts to issue orders to effectuate otherwise valid court orders. The government argues that the federal courts can use the All Writs Act to force Apple to assist the government in investigating users of the software. Apple refuses to comply with the order.

Apple argues that the situation would not be any different than if the government used the All Writs Act to force a safe manufacturer to travel around the country, unlock safes, and give the contents of those safes to the government. Apple argues that the government wants Apple to do the investigative work for them. Judge James Orenstein, the federal magistrate judge in the United States District Court for the Eastern District of New York, agreed with Apple’s logic. Assistant U.S. Attorney Saritha Komatireddy believes that Apple’s refusal to unlock the phone represents a surprising reversal from Apple’s previous willingness to unlock phones for the government. When Judge Orenstein asked Apple why it did not challenge the previous search warrants, Apple’s attorney Marc Zwillinger replied that the company had only recently become more cognizant of the harms to high-profile data breaches and that the company has had a change of heart. But even if Apple was willing to unlock the phone, it cannot do so because each individual contains a very specific password/key to unlock the phone. Continue reading