Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA420662
`ESTTA Tracking number:
`07/19/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91199897
`Plaintiff
`Samsung Electronics, Ltd.
`MICHAEL T ZELLER
`QUINN EMANUEL URQUHART SULLIVAN LLP
`865 SOUTH FIGUEROA STREET, 10TH FLOOR
`LOS ANGELES, CA 90017-2543
`UNITED STATES
`michaelzeller@quinnemanuel.com, margretcaruso@quinnemanuel.com
`Other Motions/Papers
`Michael T. Zeller
`michaelzeller@quinnemanuel.com, margretcaruso@quinnemanuel.com,
`joelleperry@quinnemanuel.com, tamarbuchakjian@quinnemanuel.com
`Michael T. Zeller/jsp/
`07/19/2011
`Corrected Suppl. Decl. of Michael Zeller in Support of Opposer's Reply in
`Support of Motion to Stay.pdf ( 4 pages )(338411 bytes )
`Ex. 1 to Corrected Suppl. Decl.pdf ( 65 pages )(2153509 bytes )
`Ex. 2 to Corrected Suppl. Decl.pdf ( 6 pages )(681115 bytes )
`Ex. 3 to Corrected Suppl. Decl.pdf ( 64 pages )(396418 bytes )
`
`

`
`IN TIIF, UNI'l‘E'l[) STATES PATENT AND TRAI)EMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application Serial No.:
`
`85041463
`
`
`
`Filed:
`Date Published:
`
`May 18, 2010
`April 19, 201 1
`
`SAMSUNG ELECTRONICS CO., LTD.,
`
`Opposition No. 91 199897
`
`Plaintiff,
`
`APPLE INC 5
`
`CORRECTED SUPPLEMENTAL
`
`DECLARATION OF MICHAEL T.
`
`ZELLER IN SUPPORT OF OPPOSER'S
`REPLY IN SUPPORT OF MOTION TO
`
`Defendant.
`
`Si‘-4-!
`
`

`
`1, Michael T. Zeller, do hereby declare and state as follows:
`
`1.
`
`I am a member of the State Bars of California, New York and Illinois and am
`
`counsel for Samsung Electronics Co., Ltd. ("Samsung") in these proceedings and in Apple Inc. v.
`
`Samsung Electronics Co., Ltd, er al., Case No. 11-1846, filed on April 15, 2011 in the United
`
`States District Court for the Northern District of California (the "Civil Action").
`
`I have personal
`
`knowledge of the facts stated herein and,
`
`if sworn as a witness, could and would testify
`
`competently thereto.
`
`2.
`
`Attached hereto as Exhibit 1
`
`is a true and correct copy of the Applicant Apple
`
`Inc.'s Amended Complaint in the Civil Action. Exhibit 1 hereto does not attach the exhibits filed
`
`with the Amended Complaint in the Civil Action because of their volume and because several
`
`exhibits are copies of utility patents not currently at issue in the instant proceedings, but relevant
`
`exhibits to the Amended Complaint are included with this Declaration as specified below.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of Applicant Apple's
`
`Trademark/Service Mark Application for Serial No. 85041463, which Apple has attached as
`
`Exhibit 29 to the Amended Complaint in the Civil Action (the "'463 Application"). The '463
`
`Application, which Apple is relying on in the Civil Action, is the identical mark at issue in these
`
`proceedings.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of the body of the Samsung
`
`Entities’ Answer, Affirmative Defenses, and Counterclaims to Apple Inc.'s Amended Complaint,
`
`dated June 30, 2011. The exhibits to Samsung Entities’ Answer, Affirmative Defenses, and
`
`Counterclaims consist of copies of utility patents that the Samsung Entities are suing upon and
`
`are not being included because of their volume and because they are not currently material to
`
`these proceedings.
`
`In its Answer and Counterclaims, Opposer Samsung alleges a number of
`
`

`
`affirlnativc eounterclaims, which will overlap with the issues in these proceedings. These
`
`include claims for declaratory relief for non-infringement and for invalidity of Apple's '463
`
`Application — the Very mark at issue in these proceedings. SE CoL111terclai1"ns at 111] 129-135,
`
`143-146.
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct.
`
`Executed this 19th day of July, 2011, at Los Angeles, California.
`
`.
`
`...-ff
`
`fl"”l*' /.
`
`?a"‘\—--
`
`Michael T. Zeller
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the Corrected Supplemental Declaration
`
`of Michael '1". Keller in Support of Opposer's Reply in Support of Motion to Stay has been served
`
`on Apple Inc. by mailing said copy on July 19, 201 1, via First Class Mail, postage prepaid to
`
`Glenn A. Gunderson, Dechcrt LLP, Cira Centre, 2929 Arch Street, Philadelphia, PA 19104-
`
`2808.
`
`DATED: July 19, 2011.
`
`Shcrrin Van Etta
`
`

`
`EXHIBIT 1
`
`EXHIBIT 1EXHIBIT 1
`
`

`
`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page1 of 64
`
`KENNETH H. BRIDGES (CA SBN 243541)
`kbridges@bridgesmav.com
`MICHAEL T. PIEJA (CA SBN 250351)
`mpieja@bridgesmav.com
`BRIDGES & MAVRAKAKIS LLP
`3000 El Camino Real
`One Palo Alto Square, 2nd Floor
`Palo Alto, CA 94306
`Telephone: (650) 804-7800
`Facsimile: (650) 852-9224
`
`HAROLD J. MCELHINNY (CA SBN 66781)
`hmcelhinny@mofo.com
`MICHAEL A. JACOBS (CA SBN 111664)
`mjacobs@mofo.com
`JENNIFER LEE TAYLOR (CA SBN 161368)
`jtaylor@mofo.com
`ALISON M. TUCHER (CA SBN 171363)
`atucher@mofo.com
`RICHARD S.J. HUNG (CA SBN 197425)
`rhung@mofo.com
`JASON R. BARTLETT (CA SBN 214530)
`jasonbartlett@mofo.com
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, California 94105-2482
`Telephone: (415) 268-7000
`Facsimile: (415) 268-7522
`
`Attorneys for Plaintiff
`APPLE INC.
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`APPLE INC., a California corporation,
`
`Case No. 11-cv-01846-LHK
`
`Plaintiff,
`
`JURY TRIAL DEMAND
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD., a
`Korean corporation; SAMSUNG
`ELECTRONICS AMERICA, INC., a New
`York corporation; and SAMSUNG
`TELECOMMUNICATIONS AMERICA,
`LLC, a Delaware limited liability company,
`
`Defendants.
`
`AMENDED COMPLAINT FOR
`FEDERAL FALSE DESIGNATION
`OF ORIGIN AND UNFAIR
`COMPETITION, FEDERAL
`TRADEMARK INFRINGEMENT,
`FEDERAL TRADE DRESS
`DILUTION, STATE UNFAIR
`BUSINESS PRACTICES,
`COMMON LAW TRADEMARK
`INFRINGEMENT, UNJUST
`ENRICHMENT, AND PATENT
`INFRINGEMENT
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`APPLE INC.’S AMENDED COMPLAINT
`CASE NO. 11-CV-01846-LHK
`sf-3008927
`
`

`
`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page2 of 64
`
`Plaintiff Apple Inc. (“Apple”) complains and alleges as follows against Defendants
`
`Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
`
`Telecommunications America, LLC (collectively “Samsung”).
`
`THE NATURE OF THE ACTION
`
`1.
`
`Apple revolutionized the telecommunications industry in 2007 when it introduced
`
`the wildly popular iPhone, a product that dramatically changed the way people view mobile
`
`phones. Reviewers, analysts and consumers immediately recognized the iPhone as a “game
`
`changer.” Before the iPhone, cell phones were utilitarian devices with key pads for dialing and
`
`small, passive display screens that did not allow for touch control. The iPhone was radically
`
`different. In one small and lightweight handheld device, it offered sophisticated mobile phone
`
`functions, a multi-touch screen allowing users to control the phone with their fingers, music
`
`storage and playback, a mobile computing platform for handheld applications, and full access to
`
`the Internet. These features were combined in an elegantly designed minimalist product with a
`
`distinctive user interface, icons, and eye-catching displays that gave the iPhone an unmistakable
`
`look.
`
`2.
`
`Those design features were carried over to the iPod touch, another product that
`
`Apple introduced in 2007. The iPod touch has a product configuration and physical appearance
`
`that is a further iteration of the iPhone product design. Moreover, the iPod touch utilizes the same
`
`user interface icons and screen layout as the iPhone, displaying the unmistakable iPhone
`
`appearance.
`
`3.
`
`Apple introduced another revolutionary product, the iPad, in 2010. The iPad is an
`
`elegantly designed computer tablet with a color touch screen, a user interface reminiscent of the
`
`iPhone’s user interface, and robust functionality that spans both mobile computing and media
`
`storage and playback. Because of its innovative technology and distinctive design, the iPad
`
`achieved instant success.
`
`4.
`
`Apple’s creative achievements have resulted in broad intellectual property
`
`protection for Apple’s innovations, including utility and design patents, trademarks, and trade
`
`dress protection. Nevertheless, Apple’s innovations have been the subject of emulation by its
`
`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
`
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page3 of 64
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`competitors, who have attempted to catch up with Apple’s innovative products. Samsung has
`
`been even bolder, creating products that blatantly imitate the appearance of Apple’s products to
`
`capitalize on Apple’s success. For example, Samsung recently introduced the Galaxy line of
`
`mobile phones and computer tablets, all of which use the Google Android software platform, to
`
`compete with the iPhone and iPad. 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. As alleged below in detail, Samsung has made its Galaxy phones and
`
`computer tablets work and look like Apple’s products through widespread patent, trademark, and
`
`trade dress infringement. Samsung has even copied Apple’s distinctive product packaging.
`
`5.
`
`By this action, Apple seeks to put a stop to Samsung’s illegal conduct and obtain
`
`compensation for the violations that have occurred thus far.
`
`THE PARTIES
`
`6.
`
`Apple is a California corporation having its principal place of business at 1 Infinite
`
`Loop, Cupertino, California 95014.
`
`7.
`
`Samsung Electronics Co., Ltd. (referred to individually herein as “SEC”) is a
`
`Korean corporation with its principal offices at 250, 2-ga, Taepyong-ro, Jung-gu, Seoul, 100-742,
`
`South Korea. On information and belief, SEC is South Korea’s largest company and one of
`
`Asia’s largest electronics companies. SEC designs, manufactures, and provides to the U.S. and
`
`world markets a wide range of products, including consumer electronics, computer components,
`
`and myriad mobile and entertainment products.
`
`8.
`
`Samsung Electronics America, Inc. (referred to individually herein as “SEA”) is a
`
`New York corporation with its principal place of business at 105 Challenger Road, Ridgefield
`
`Park, New Jersey 07660. On information and belief, SEA was formed in 1977 as a subsidiary of
`
`SEC and markets, sells, or offers for sale a variety of consumer electronics, including TVs,
`
`VCRs, DVD and MP3 players, and video cameras, as well as memory chips and computer
`
`accessories, such as printers, monitors, hard disk drives, and DVD/CD-ROM drives. On
`
`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
`
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page4 of 64
`
`information and belief, SEA also manages the North American operations of Samsung
`
`Telecommunications America, Samsung Electronics Canada, and Samsung Electronics Mexico.
`
`9.
`
`Samsung Telecommunications America, LLC (referred to individually herein as
`
`“STA”) is a Delaware limited liability company with its principal place of business at 1301 East
`
`Lookout Drive, Richardson, Texas 75081. On information and belief, STA was founded in 1996
`
`as a subsidiary of SEC and markets, sells, or offers for sale a variety of personal and business
`
`communications devices in the United States, including cell phones.
`
`JURISDICTION
`
`10.
`
`This Court has subject matter jurisdiction under 15 U.S.C. § 1121 (action arising
`
`under the Lanham Act); 28 U.S.C. § 1331 (federal question); 28 U.S.C. § 1338(a) (any Act of
`
`Congress relating to patents or trademarks); 28 U.S.C. § 1338(b) (action asserting claim of unfair
`
`competition joined with a substantial and related claim under the trademark laws); and 28 U.S.C.
`
`§ 1367 (supplemental jurisdiction).
`
`11.
`
`This Court has personal jurisdiction over SEC, SEA, and STA because each of
`
`these Samsung entities has committed and continues to commit acts of infringement in violation
`
`of 35 U.S.C. § 271 and 15 U.S.C. §§ 1114, 1125, and places infringing products into the stream
`
`of commerce, with the knowledge or understanding that such products are sold in the State of
`
`California, including in this District. The acts by SEC, SEA, and STA cause injury to Apple
`
`within this District. Upon information and belief, SEC, SEA, and STA derive substantial revenue
`
`from the sale of infringing products within this District, expect their actions to have consequences
`
`within this District, and derive substantial revenue from interstate and international commerce.
`
`VENUE AND INTRADISTRICT ASSIGNMENT
`
`12.
`
`Venue is proper within this District under 28 U.S.C. §§ 1391(b),(c) because
`
`Samsung transacts business within this District and offers for sale in this District products that
`
`infringe the Apple patents, trade dress, and trademarks. In addition, venue is proper because
`
`Apple’s principal place of business is in this District and Apple suffered harm in this District.
`
`Moreover, a substantial part of the events giving rise to the claim occurred in this District.
`
`Pursuant to Local Rule 3-2(c), intellectual property actions are assigned on a district-wide basis.
`
`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
`
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page5 of 64
`
`BACKGROUND
`
`APPLE’S INNOVATIONS
`
`13.
`
`Apple is a leading designer and manufacturer of handheld mobile devices,
`
`personal computers, and portable media players. As a result of its significant investment in
`
`research and development, Apple has developed innovative technologies that have changed the
`
`face of the computer and telecommunications industries. One such pioneering technology is
`
`Apple’s Multi-Touch™ user interface, which allows users to navigate their iPhone, iPod touch,
`
`and iPad devices by tapping and swiping their fingers on the screen.
`
`14.
`
`In 2007, Apple revolutionized the telecommunications industry when it introduced
`
`the iPhone. The iPhone combined in one small and lightweight handheld device sophisticated
`
`mobile phone functions, media storage and playback, the Multi-Touch user interface, mobile
`
`computing power to run diverse pre-installed and downloadable applications, and functionality to
`
`gain full access to the Internet. These features were combined in an elegant glass and metal case
`
`with a distinctive user interface that gave the iPhone an immediately recognizable look.
`
`15.
`
`As a direct result of its innovative and distinctive design and its cutting edge
`
`technological features, the iPhone was an instant success, and its appearance immediately became
`
`uniquely associated with Apple as its source. Reviewers and analysts universally praised the
`
`iPhone for its “game changing” features. Time magazine listed the iPhone number one on its List
`
`of Top Ten Gadgets for 2007, noting that “[t]he iPhone changed the way we think about how
`
`mobile media devices should look, feel and perform.” The New York Times called it
`
`“revolutionary.” Apple subsequently introduced the iPhone 3G, the iPhone 3GS, and iPhone 4.
`
`As of March 2011, more than 108 million iPhones had been sold worldwide.
`
`16. While the iPhone was an instant success, there was nothing instant about the
`
`design process. Over the course of several years, Apple had teams of people working on
`
`developing each aspect of the design of the phone itself — the shape of the phone, the materials
`
`used, and the size and placement of the mask that frames the screen — as well as the Multi-Touch
`
`user interface, to make a product that looked and felt entirely different from prior phones on the
`
`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
`
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page6 of 64
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`market. The end result was a very clean shape for the phone, with an entirely flat glass panel for
`
`the front, gently rounded corners and integrated casing, and intuitive touch features.
`
`17.
`
`Before Apple’s introduction of the first iPhone product, no other company was
`
`offering a phone with these features. Prior mobile phones were often bulkier and contained
`
`physical keypads. Some had a rocker-style navigation button and sets of buttons for numbers and
`
`calling features. Others had a front panel with a partial or full QWERTY keyboard and a screen.
`
`None had the clean lines of the iPhone, which immediately caused it to stand apart from the
`
`competition.
`
`18.
`
`Also in 2007, Apple launched the iPod touch, a widescreen, touch-controlled iPod
`
`that is great for playing video and running third-party software applications, among other things.
`
`The iPod touch incorporated the distinct style of the iPhone and also became an immediate
`
`success. By March 2011, Apple had sold over 60 million iPod touch units.
`
`19.
`
`After introducing the iPhone mobile phone and iPod touch media player, Apple
`
`continued to innovate and achieve success with a series of pioneering designs — more
`
`sophisticated, advanced versions of the iPhone, and then, in 2010, the iPad. The iPad is a tablet
`
`computer with a color 9.7-inch touch screen that allows users to manipulate icons and data with
`
`their fingers in the same fashion as the iPhone and iPod touch screens. Reviewers and analysts
`
`immediately recognized the iPad as a revolutionary product, describing it as a “winner” and a
`
`“new category of device” that would “replace laptops for many people.” In its first 80 days on
`
`the market, Apple sold 3 million iPads. By March 2011, Apple had sold over 19 million iPads.
`
`20.
`
`No computer product that preceded the iPad looked like the iPad. Instead, the
`
`iPad’s design was built upon design elements in other Apple products — namely, the iPhone and
`
`the iPod touch, thereby extending elements of the unique and innovative Apple design and trade
`
`dress to a new product — tablet computers.
`
`21.
`
`Apple’s iPhone, iPad, and iPod touch products have been extensively advertised
`
`throughout the United States in virtually every media outlet, including network and syndicated
`
`television, the Internet, billboards, magazines, and newspapers — with the vast majority of the
`
`advertisements featuring photographs of the distinctive design of these products. Apple’s
`
`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
`
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page7 of 64
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`advertising expenditures for these products for fiscal years 2007-2010 were in excess of $2
`
`billion.
`
`22.
`
`In addition, Apple’s iPhone, iPod touch, and iPad products have received
`
`unsolicited comments and attention in print and broadcast media throughout the world. Each new
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`generation of these Apple products is the subject of positive commentary and receives unsolicited
`
`praise from independent media commentators. Frequently, the unsolicited commentaries are
`
`accompanied by images of the iPhone, iPad, and iPod touch products. For example, images of
`
`the iPhone appeared on the front pages of The New York Times and USA Today when the product
`
`was first announced in January 2007, and was prominently featured again in both publications
`
`when the product went on sale in June 2007. Images of the iPad similarly appeared on the front
`
`pages or lead sections of The New York Times, The Wall Street Journal, and USA Today when
`
`Apple announced the product in January 2010, and also appeared on the front pages of The New
`
`York Times and USA Today when the product went on sale in April 2010. The iPad product was
`
`also the subject of cover stories in Time and Newsweek, with an image of the product appearing
`
`on the cover of Newsweek.
`
`23.
`
`The Apple iPhone, iPod touch, and iPad product designs have come to represent
`
`and symbolize the superb quality of Apple’s products and enjoys substantial goodwill among
`
`consumers. The iPad, iPhone, and iPod touch products have garnered widespread acclaim for
`
`their unique product designs and outstanding performance. Time magazine named the iPad one of
`
`the 50 Best Inventions of the Year 2010, Popular Science heralded it as the Top Tablet in its Best
`
`of What’s New 2010 feature, and the popular technology blog Engadget selected the device as
`
`both the 2010 Editors’ Choice Gadget of the Year and Tablet of the Year. In addition, the iPad
`
`received a 2010 Red Dot Award for Product Design and was nominated for the 2010 People’s
`
`Design Award.
`
`24.
`
`In addition to the recognition described above, the iPhone products have received
`
`many other awards, including a 2008 Design and Art Direction (D&AD) “Black Pencil” award, a
`
`2008 International Forum (iF) Product Design Award, and the 2008 International Design
`
`Excellence Award (IDEA) Best in Show. More recently, Engadget named the iPhone 4 the 2010
`
`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
`
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page8 of 64
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`Editors’ Choice Phone of the Year, and the device received the Best Mobile Device award at the
`
`Mobile World Congress in February 2011. Engadget also included the iPhone in its feature on
`
`the 10 Gadgets That Defined the Decade. The iPod touch won the 2008 D&AD “Yellow Pencil”
`
`award as well as the 2008 iF Product Design Award.
`
`25.
`
`On May 8, 2011, Apple topped the BrandZ Top 100 ranking of the most valuable
`
`global brands, with an 84 percent year-over-year increase in brand value. The increase in brand
`
`value was attributed to “successful iterations of existing products like the iPhone, creation of the
`
`tablet category with iPad, and anticipation of a broadened strategy making the brand a trifecta of
`
`cloud computing, software, and innovative, well-designed devices.”
`
`APPLE’S INTELLECTUAL PROPERTY RIGHTS
`
`Apple’s Utility Patents
`
`26.
`
`Apple has protected its innovative designs and cutting-edge technologies through a
`
`broad range of intellectual property rights. Among those rights are the utility patents listed
`
`below. Apple’s utility patents cover many of the elements that the world has come to associate
`
`with Apple’s mobile devices. These include patents covering fundamental features of the Multi-
`
`Touch™ user interface that enable Apple’s devices to understand user gestures and to respond by
`
`performing a wide variety of functions, such as selecting, scrolling, pinching, and zooming.
`
`27.
`
`In addition, Apple has patented many of the individual features that together add
`
`up to the high-quality experience that users have come to associate with Apple products. Apple’s
`
`innovations — ranging from the arrangement of text messages on the screen, to the way images
`
`and documents appear to “bounce back” when the user scrolls too far down, to movement of the
`
`buttons — have been recognized by the United States Patent and Trademark Office as patent-
`
`worthy contributions to the art.
`
`28.
`
`Among the patents that Apple has been awarded are the patents listed below,
`
`attached as Exhibits 1-8, to which Apple owns all rights, title, and interest.
`
`Patent Number
`
`Title
`
`7,812,828 (the “’828 Patent”)
`
`Ellipse Fitting for Multi-Touch Surfaces
`
`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page9 of 64
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`Patent Number
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`6,493,002 (the “’002 Patent”)
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`7,469,381 (the “’381 Patent”)
`
`Title
`
`Method and Apparatus for Displaying and
`Accessing Control and Status Information
`in a Computer System
`
`List Scrolling and Document Translation,
`Scaling and Rotation on a Touch-Screen
`Display
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`7,844,915 (the “’915 Patent”)
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`Application Programming Interfaces for
`Scrolling Operations
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`7,853,891 (the “’891 Patent”)
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`Method and Apparatus for Displaying a
`Window for a User Interface
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`7,663,607 (the “’607 Patent”)
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`Multipoint Touchscreen
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`7,864,163 (the “’163 Patent”)
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`Portable Electronic Device, Method, and
`Graphical User Interface for Displaying
`Structured Electronic Documents
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`7,920,129 (the “’129 Patent”)
`
`Double-Sided Touch-Sensitive Panel With
`Shield And Drive Combined Layer
`
`Apple’s Design Patents
`
`29.
`
`Apple also has protected its innovative designs through design patents issued by
`
`the United States Patent and Trademark Office. The Apple design patents cover the unique and
`
`novel ornamental appearance of Apple’s devices, which include features such as the black face,
`
`bezel, the matrix of application icons, and a rim surrounding a flat screen. Apple owns all rights,
`
`title, and interest in and to each of the asserted design patents listed below, copies of which are
`
`attached as Exhibits 9-15.
`
`Patent Number
`
`Title
`
`D627,790 (the “’D790 Patent”)
`
`D617,334 (the “’D334 Patent”)
`
`D604,305 (the “’D305 Patent”)
`
`Graphical User Interface For a Display
`Screen or Portion Thereof
`
`Graphical User Interface For a Display
`Screen or Portion Thereof
`
`Graphical User Interface For a Display
`Screen or Portion Thereof
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`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page10 of 64
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`Patent Number
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`Title
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`D593,087 (the “’D087 Patent”)
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`Electronic Device
`
`D618,677 (the “’D677 Patent”)
`
`Electronic Device
`
`D622,270 (the “’D270 Patent”)
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`Electronic Device
`
`D504,889 (the “’D889 Patent”)
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`Electronic Device
`
`Apple’s Trade Dress
`
`30.
`
`Apple holds trade dress protection in the design, appearance, and distinctive user
`
`interfaces of the iPhone, the iPod touch, and the iPad products released to date.
`
`iPhone Trade Dress
`
`31.
`
`The iPhone design is radically different from the devices that preceded it. Many
`
`early phones had a rocker-style navigation button with sets of buttons for calling features and
`
`number dialing, while the first smart phones and PDA devices had a front panel with a partial or
`
`full QWERTY keyboard and a screen. The front panel typically was formed from the same
`
`material that was used for the back of the phone, or the phone may have had a clamshell design so
`
`that the screen could be closed over the keyboard.
`
`32.
`
`In contrast, the iPhone had a distinctive shape and appearance — a rectangular
`
`product with four evenly rounded corners, a flat clear face covering the front of the product, a
`
`large display screen under the clear surface, substantial black borders above and below the
`
`display screen and narrower black borders on either side of the screen under the clear surface, a
`
`metallic bezel around the flat clear surface, and on the display when the device is turned on, a
`
`matrix of colorful square icons with evenly rounded corners and a bottom row (or “dock”) of
`
`colorful square icons set off from the other icons, which does not change as other pages of the
`
`user interface are viewed — which are the embodiment of Apple’s innovative iPhone user
`
`interface. The iPhone did not include a physical keyboard.
`
`33.
`
`The combination of elements of the iPhone product design is distinctive and serves
`
`to identify Apple as the source of the iPhone products. These elements are not merely functional
`
`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page11 of 64
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`and the overall product design is not required to achieve any particular function. Apple’s
`
`competitors have numerous options from which they can choose for their own product designs.
`
`34.
`
`The end result is an elegant product that is more accessible, easier to use, and
`
`much less technically intimidating than previously available smart phones and PDAs. The iPhone
`
`product design immediately became closely associated with Apple.
`
`iPhone 3G Trade Dress
`
`35.
`
`The iPhone 3G product design included all of the elements of the iPhone trade
`
`dress — a rectangular product with four evenly rounded corners, a flat clear face covering the
`
`front of the product, a metallic bezel around the flat clear surface, a large display screen under the
`
`clear surface, substantial black borders above and below the display screen and narrower black
`
`borders on either side of the screen under the clear surface, and on the display when the device is
`
`turned on, a matrix of colorful square icons with evenly rounded corners, and a bottom dock of
`
`colorful square icons set off from the other icons, which does not change as other pages of the
`
`user interface are viewed — and added a row of small dots on the display screen when the device
`
`is turned on. The iPhone 3G product design, as shown below, immediately became closely
`
`associated with Apple. Apple continues to use the design for its iPhone 3GS generation phone.
`
`36.
`
`The combination of elements of the iPhone 3G product design is distinctive and
`
`serves to identify Apple as the source of the iPhone 3G and iPhone 3GS products. Moreover,
`
`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page12 of 64
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`these elements are not merely functional and the overall product design is not dictated by
`
`function. Apple’s competitors have many alternative product designs available to them.
`
`iPhone 4 Trade Dress
`
`37.
`
`The iPhone 4 product design also incorporates the elements of the iPhone and the
`
`iPhone 3G trade dress — a rectangular product with four evenly rounded corners, a flat clear face
`
`covering the front of the product, a large display screen under the clear surface, substantial neutral
`
`(black or white) borders above and below the display screen and narrower neutral borders on
`
`either side of the screen under the clear surface, and on the display when the device is turned on, a
`
`row of small dots, a matrix of colorful square icons with evenly rounded corners, and a bottom
`
`dock of colorful square icons with evenly rounded corners set off from the other icons, which
`
`does not change as other pages of the user interface are viewed. The iPhone 4, however, has a
`
`much flatter profile than previous versions of the iPhone. Moreover, there is a thin metallic band
`
`around the outside edge of the phone, creating a thin rim adjacent to the face of the phone. The
`
`result is a flatter-looking profile that is less rounded than previous iPhone products, as shown
`
`below. The iPhone 4 product design immediately became closely associated with Apple.
`
`APPLE INC.’S AMENDED COMPLAINT
`Case No. 11-cv-01846-LHK
`sf-3008927
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`Case5:11-cv-01846-LHK Document75 Filed06/16/11 Page13 of 64
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`38.
`
`The combination of elements of the iPhone 4 product design is distinctive and
`
`serves to identify Apple as the source of the iPhone 4 products. These elements are not merely
`
`functional and the overall product design is not required to achieve any particular function. There
`
`are numerous alternatives available to Apple’s competitors for their product designs.
`
`39.
`
`Extending its innovative style to its product packaging, Apple created an equally
`
`elegant and distinctive packaging for the iPhone products that have been available to date. The
`
`packaging features a compact black or black-and-white box with eye-catching metallic silver
`
`lettering on a matte black surface, and with the sides of the top of the box extending down to
`
`cover the bottom portion of the box c