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All Press Releases for November 22, 2012 »
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As The Patent Battle Rages On, Apple And Samsung Expand Their Claims

The patent litigation between Apple and Samsung has grown to new proportions with the addition of the iPhone 5 to the list of allegedly infringing products.
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    November 22, 2012 /24-7PressRelease/ -- As the patent battle rages on, Apple and Samsung expand their claims

The ongoing legal battle between Apple and Samsung expanded its scope even further recently after a federal judge allowed Samsung to add the newly released iPhone 5 to the list of products alleged to have infringed on its patents.

The court also ruled that Apple could amend its list of alleged patent infringements by Samsung to include the Jelly Bean operating system, along with newer Samsung products such as the U.S. version of the Galaxy S III and Galaxy Note 10.1, PC World reported recently. According to the report, Apple's newest tablet devices could also be added to the list if Samsung so requests. The companies have until November 23, 2012, to file any additional amendments to their complaints.

The high-profile dispute between the two companies has been raging since Apple sued Samsung for patent infringement in February 2012. The lawsuit alleged that certain Samsung devices, including smartphones, tablets and media players, infringed on several patents owned by Apple. In response, Samsung denied the infringement and filed a countersuit against Apple, claiming that the Apple's iPhone and iPad devices infringed on several Samsung patents.

In a separate court battle between the two companies, which concluded in August, a jury found that Samsung infringed on Apple's patents in several of its smartphones and tablets, ordering Samsung to pay over $1 billion in damages to Apple for the infringements. However, Samsung has requested a new trial in that case, claiming that the jury foreman was biased and untruthful, and that he failed to disclose relevant information during the jury selection process.

Understanding the US patent system

The purpose of the patent system in the U.S. is to protect and encourage inventors by granting them the exclusive right to profit from their innovations for a set period of time, thereby promoting the development of new technologies that are beneficial to society. Patent rights are set forth in the U.S. Constitution and are regulated by the federal government.

Patent law in the United States is notoriously nuanced and complex, but as a fundamental matter there are three different types of patents:
-Utility patents: Used to protect new machines, chemicals and processes. This is the most common type of patent in the U.S.
-Design patents: Used to protect the unique design or appearance of manufactured objects.
-Plant patents: Used to protect plant hybrids and other new, distinct plant varieties.

For an invention to qualify for a patent, there are certain criteria that it must meet. First, the invention must be "novel," or different from other similar inventions that already exist, and must not have been publicly used, sold or patented by anyone else within the past year. Second, the invention must be "non-obvious," meaning that it would be unexpected or surprising to someone who is skilled in the field in which the invention applies.

To obtain a utility patent, an inventor must satisfy a third criterion: usefulness. To be useful, the invention must be both operable and beneficial to society in some way. Additional restrictions apply depending on the nature and purpose of the invention.

To learn more about patents and other methods of protecting innovative ideas, contact an experienced intellectual property lawyer.

Article provided by Aeton Law Partners LLP
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