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`‘Nlfizi-se5:11—cv—OI846—LHK Documventl Fi|edO4/15/I1
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`
`HAROLD J. MCELHINNY (CA SBN 66781)
`HMcElhinny@mofo.com
`MICHAEL A. JACOBS (CA SBN 111664)
`MJacobs@m0fo.com
`JENNIFER LEE TAYLOR (CA SBN 161368)
`JTaylor@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
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`APPLE INC., a California corporation,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD., a
`Korean corporation; SAMSUNG
`ELECTRONICS AMERICA, INC., a New
`York corporation; SAMSUNG
`TELECOMMUNICATIONS AMERICA,
`LLC, a Delaware limited liability company.
`
`Defendants.
`
`APPLE INc.’s COMPLAINT
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`Ni 1
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`JURY TRIAL DEMAND
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`COMPLAINT FOR PATENT
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`INFRINGEMENT, FEDERAL FALSE
`DESIGNATION OF ORIGIN AND
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`UNFAIR COMPETITION, FEDERAL
`TRADEMARK INFRINGEMENT,
`STATE UNFAIR COMPETITION,
`COMMON LAW TRADEMARK
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`INFRINGEMENT, AND UNJUST
`ENRICHMENT
`
`By Fax
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`

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`1
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`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
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`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
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`functions, a multi—touch screen that allows users to control the phone with their fingers, music
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`storage and playback, a mobile computing platform for handheld applications, and full access to
`
`the Internet. These features were combined in an elegantly designed 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
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`that is Virtually identical to the iPhone. Moreover, the iPod touch utilizes the same user interface
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`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
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`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 subj ect of widespread
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`emulation by its competitors, who have attempted to capitalize on Apple’s success by imitating
`
`Apple’s innovative technology, distinctive user interfaces, and elegant and distinctive product
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`APPLE INC. ’s COMPLAINT
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`design. One of the principal imitators is Samsung, which recently introduced the Galaxy line of
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`mobile phones and Galaxy Tab computer tablet, all of which use the Google Android operating
`
`system, 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 tablet work and look like Apple’s products through widespread patent and
`
`trade dress infringement. Samsung has even misappropriated 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
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`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
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`Asia’s largest electronics companies. SEC designs, manufactures, and provides to the U.S. and
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`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
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`information and belief, SEA also manages the North American operations of Samsung
`
`Telecommunications America, Samsung Electronics Canada, and Samsung Electronics Mexico.
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`APPLE lNC.’S COMPLAINT
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`9.
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`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
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`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
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`Congress relating to patents or trademarks); 28 U.S.C. § 1338(b) (action asserting claim of unfair
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`competition joined with a substantial and related claim under the trademark laws); and 28 U.S.C.
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`§ 1367 (supplementaljurisdiction).
`
`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 and 1125, and places infringing products into the stream
`
`of commerce, with the knowledge or understanding that such products are sold in the State of
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`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. §§ l391(b) and (c) because
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`Samsung transacts business within this district and offers for sale in this district products that
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`infringe the Apple patents, trade dress, and trademarks. In addition, venue is proper because
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`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 COMPLAINT
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`BACKGROUND
`
`APPLE ’S INNO VA TIONS
`
`13.
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`Apple is a leading designer and manufacturer of mobile communication devices,
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`personal computers, and portable digital 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
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`Apple’s Multi-TouchTM 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
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`mobile phone functions, media storage and playback, a tactile user interface that allows users to
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`control the phone with their fingers, mobile computing power to run diverse pre-installed and
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`downloadable applications, and functionality to gain full access to the Internet. These features
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`were combined in an elegant glass and stainless steel case with a distinctive user interface that
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`gave the iPhone an immediately recognizable look.
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`15.
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`As a direct result of its innovative and distinctive design and its cutting edge
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`technological features, the iPhone was an instant success, and it immediately became uniquely
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`associated with Apple as its source. Reviewers and analysts universally praised the iPhone for its
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`“game changing” features. Time Magazine listed the iPhone number one on its List of Top Ten
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`Gadgets for 2007, noting that “[t]he iPhone changed the way we think about how mobile media
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`devices should look, feel and perform.” The New York Times called it “revolutionary.” As of
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`March 2011, more than 108 million iPhones had been sold worldwide.
`
`16.
`
`Also in 2007, Apple launched the iPod touch, a digital music player. The iPod
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`touch incorporated the distinct style of the iPhone and also became an immediate success. By
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`March 2011, Apple had sold over 60 million units.
`
`17.
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`After introducing the iPhone, Apple continued to innovate and achieve success
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`with a series of pioneering designs——more sophisticated, advanced versions of the iPhone, and
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`then, in 2010, the iPad. The iPad is a computer tablet with a color 9.7-inch touch screen that
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`APPLE INc.’s COMPLAINT
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`allows users to manipulate icons and data with their fingers in the same fashion as the iPhone and
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`iPod touch screens. Reviewers and analysts immediately recognized the iPad as a revolutionary
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`product, describing it as a “winner” and a “new category of device” that would “replace laptops
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`for many people.”
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`18.
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`No computer product that preceded the iPad looked like the iPad, but its design did
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`resemble other Apple products—namely, the iPhone and the iPod touch, thereby extending the
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`unique and innovative Apple design and trade dress to a new product—tablet computers. In its
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`first 80 days on the market, Apple sold 3 million iPad units. By March 2011, Apple sold over 19
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`million iPads.
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`19.
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`Apple’s iPhone, iPad and iPod touch products have been extensively advertised
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`throughout the United States in virtually every media outlet, including network and syndicated
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`television, the Internet, billboards, magazines and newspapers—with the vast majority of the
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`advertisements featuring photographs of the distinctive design of these products. App1e’s
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`advertising expenditures for these products for fiscal years 2007-2010 were in excess of $2
`
`billion.
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`20.
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`In addition, Apple’s iPhone, iPod touch, and iPad products have received
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`unsolicited comment and attention in print and broadcast media throughout the world. Each new
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`generation of these Apple products is the subj ect of positive commentary and receives unsolicited
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`praise from independent media commentators. Frequently, these unsolicited commentaries are
`
`accompanied by images of the iPhone, iPad, and iPod touch products, including their unique
`
`packaging.
`
`21.
`
`The Apple iPhone, iPod touch, and iPad product design has come to represent and
`
`symbolize the superb quality of Apple’s products and enjoys substantial goodwill among
`
`consumers. The iPad, iPhone, and iPod touch have garnered Widespread acclaim for their unique
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`product design and outstanding performance. Time Magazine named the iPad one of the 50 Best
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`Inventions of the Year 2010, Popular Science heralded it as the Top Tablet in its Best of What’s
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`New 2010 feature, and the popular technology blog Engadget selected the device as both the 2010
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`Editors’ Choice Gadget of the Year and Tablet of the Year. In addition, the iPad received a 2010
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`APPLE INC.’S COMPLAINT
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`Red Dot Award for Product Design and was nominated for the 2010 People’s Design Award.
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`The iPhone has received several awards over the years, including a 2008 Design and Art
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`Direction (D&AD) “Black Pencil” award, a 2008 International Forum (iF) Product Design
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`Award, and the 2008 lntemational Design Excellence Award (IDEA) Best in Show. More
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`recently, Engadget named the iPhone 4 the 2010 Editors’ Choice Phone of the Year, and the
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`device received the Best Mobile Device award at the Mobile World Congress in February 2011.
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`Engadget also included the iPhone in its feature on the 10 Gadgets That Defined the Decade. The
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`iPod touch won the 2008 D&AD “Yellow Pencil” award as well as the 2008 iF Product Design
`
`Award.
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`APPLE ’s INTELLECTUAL PROPER TY RIGHTS
`
`Apple’s Utilig Patents
`
`22.
`
`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
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`below. Apple’s utility patents cover many of the elements that the world has come to associate
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`with Apple’s mobile devices. These include patents covering fundamental features of the Multi-
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`TouchTM user interface that enable App1e’s devices to understand user gestures and to respond by
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`performing a wide variety of functions, such as selecting, scrolling, pinching, and zooming.
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`23.
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`In addition, Apple has patented many of the individual features that together add
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`up to the high-quality experience that users have come to associate with Apple products. Apple’s
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`innovations ranging from the arrangement of text messages on the screen, to the way images and
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`documents appear to “bounce back” when the user scrolls too far, down to movement of the
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`buttons have been recognized by the United States Patent and Trademark Office as patent-worthy
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`contributions to the art.
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`24.
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`Among the patents that Apple has been awarded are the patents listed below,
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`attached as Exhibits 1-7, to which Apple owns all rights, title, and interest.
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`Patent Number
`
`Title
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`7,812,828 (the “’828 patent”)
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`Ellipse Fitting For Multi-Touch Surfaces
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`7,669,134 (the “’ 134 patent”)
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`Method and Apparatus For Displaying
`Information During An Instant Messaging
`Session
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`6,493,002 (the “’002 patent”)
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`7,469,381 (the “’381 patent”)
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`Method and Apparatus for Displaying and
`Accessing Control and Status Information
`in a Computer System
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`List Scrolling and Document Translation,
`Scaling and Rotation on a Touch-Screen
`Display
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`7,844,915 (the “’9l5 patent”)
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`Application Programming Interfaces for
`Scrolling Operations
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`7,853,891 (the “’89l patent”)
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`Method and Apparatus for Displaying a
`Window for a User Interface
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`7,863,533 (the “’533 patent”)
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`Cantilevered Push Button Having Multiple
`Contacts and Fulcrums
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`Apple’s Design Patents
`
`25.
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`Apple also has protected its innovative designs through design patents issued by
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`the United States Patent and Trademark Office. The Apple design patents cover the many famous
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`ornamental features of Apple’s devices, such as the flat black face, metallic bezel, and the
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`distinctive matrix of application icons. Apple owns all right, title, and interest in and to each of
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`the asserted design patents listed below, copies of which are attached as Exhibits 8-10.
`
`Patent Number
`
`Title
`
`D627,790 (the “’D790 patent”)
`
`Graphical User Interface For a Display
`Screen or Portion Thereof
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`D602,0l6 (the “D016 patent”)
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`D618,677 (the “’D677 patent”)
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`Electronic Device
`
`Electronic Device
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`Apple’s Trade Dress
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`26.
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`Apple holds trade dress protection in the design and appearance of the iPhone, the
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`iPod touch, and the iPad, together with their distinctive user interfaces and product packaging.
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`iPhone Trade Dress
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`27.
`
`The iPhone is radically different from the devices that preceded it. It has a
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`distinctive shape and appearance—a flat rectangular shape with rounded corners, a metallic edge,
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`a large display screen bordered at the top and bottom With substantial black segments, and a
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`selection of colorful square icons with rounded corners that mirror the rounded corners of the
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`iPhone itself, and which are the embodiment of Apple’s innovative iPhone user interface. As
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`shown below, the end result is an elegant product that is more accessible, easier to use, and much
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`less technically intimidating than previously available smart phones and PDAs. The iPhone
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`product design immediately became closely associated with Apple.
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`
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`28.
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`Each of these elements of the iPhone product configuration is distinctive and
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`serves to identify Apple as the source of the iPhone products. Moreover, none of these elements
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`is functional.
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`29.
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`Extending its innovative style to the packaging, Apple created an equally elegant
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`and distinctive packaging for the iPhone products. The packaging features a compact black or
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`black-and-white box with eye-catching metallic silver lettering on a matte black surface, with the
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`sides of the top of the box extending down to cover the bottom portion of the box completely.
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`The outside of the box has a clean style——with minimal wording and a simple, prominent, nearly
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`full-size photograph of the iPhone product itself. The style carries over within the box——with the
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`iPhone cradled within a specially designed black display so that the iPhone, and nothing else, is
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`immediately Visible when the box is opened. The accessories and instructional materials are
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`hidden from View underneath the iPhone tray—emphasizing the accessible nature of the iPhone
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`itself. The design entices purchasers to pick up the iPhone and try it out, without worrying that it
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`is complicated.
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`30.
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`As with the product configuration itself, each of these elements of the iPhone
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`packaging is distinctive and serves to identify Apple as the source of the iPhone products.
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`Moreover, none of these elements is functional—and there are a plethora of alternative packaging
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`options available to Apple’s competitors.
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`iPod touch Trade Dress
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`31.
`
`The iPod touch has a product configuration and physical appearance that is
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`virtually identical to the iPhone. It has a flat rectangular shape with rounded corners, a silver
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`edge, a large display screen bordered at the top and bottom with substantial black segments, and a
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`selection of colorful square icons with rounded corners that mirror the rounded corners of the
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`iPod touch (and the iPhone), and which are the embodiment of Apple’s innovative iPod touch
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`user interface. As shown below, the end result is an elegant product that invites use. Like the
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`iPhone, the iPod touch immediately became closely associated with Apple.
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`32.
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`Each of these elements of the iPod touch product configuration is distinctive and
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`serves to identify Apple as the source of the iPod touch products. Moreover, none of these
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`elements is functional.
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`iPad Trade Dress
`
`33.
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`Because it embodies the same trade dress elements as the iPhone, the iPad
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`resembles a “grown-up iPhone.” It has a flat rectangular shape with rounded comers, a silver
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`edge, a large display screen with a substantial black border, and a selection of Apple’s colorful
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`APPLE INc.’s COMPLAINT
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`Case5:11-cv-01846-LHK Document1 Filed04/15/11 Page12 of 39
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`square icons——a1l with rounded corners that mirror the rounded corners of the iPad, iPhone and
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`iPod touch.
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`34.
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`Each of these elements of the iPad product configuration is distinctive and serves
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`to identify Apple as the source of the iPad products. Moreover, none of these elements is
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`functional.
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`35.
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`The packaging for the iPad is similarly innovative and, like the iPhone, utilizes a
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`box that, when opened, prominently displays the product so that it is immediately visible, with all
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`other accessories and materials layered beneath it. Also similar to the iPhone, the outside of the
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`iPad box has a clean style—with minimal silver metallic wording and a simple, prominent, nearly
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`full-size photograph of the iPad product on a white background.
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`APPLE lNC.’S COMPLAINT
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`36.
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`Each of these elements of the iPad packaging is distinctive and serves to identify
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`Apple as the source of the products. Moreover, none of these elements is functional.
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`Trade Dress Registrations
`
`37.
`
`38.
`
`Apple owns three registrations for the design and configuration of the iPhone.
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`U.S. Registration No. 3,470,983 is for the overall design of the product, including
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`the rectangular shape, the rounded corners, the silver edges, the black face, and the display of
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`sixteen colorful icons. Attached hereto as Exhibit 11 is a true and correct copy of U.S.
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`Registration No. 3,470,983.
`
`39.
`
`U.S. Registration No. 3,457,218 is for the configuration of a rectangular handheld
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`mobile digital electronic device with rounded corners. Attached hereto as Exhibit 12 is a true and
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`correct copy of U.S. Registration No. 3,457,218.
`
`40.
`
`U.S. Registration No. 3,475,327 is for a rectangular handheld mobile digital
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`electronic device with a gray rectangular portion in the center, a black band above and below the
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`gray rectangle and on the curved comers, and a silver outer border and side. Attached hereto as
`
`Exhibit 13 is a true and correct copy of U.S. Registration No. 3,475,327.
`
`Trade Dress at Issue
`
`41.
`
`The following non-functional elements of Apple’s product designs comprise the
`
`product configuration trade dress at issue in this case (the “Apple Product Configuration Trade
`
`Dress”):
`
`-
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`a rectangular product shape with all four corners uniformly rounded;
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`APPLE lNC. ’s COMPLAINT
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`0
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`-
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`the front surface of the product dominated by a screen surface with black borders;
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`as to the iPhone and iPod touch products, substantial black borders above and
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`below the screen having roughly equal width and narrower black borders on either side of the
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`screen having roughly equal width;
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`width;
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`-
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`-
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`-
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`°
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`as to the iPad product, substantial black borders on all sides being roughly equal in
`
`a metallic surround framing the perimeter of the top surface;
`
`a display of a grid of colorful square icons with uniformly rounded corners; and
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`a bottom row of square icons (the “Springboard”) set off from the other icons and
`
`that do not change as the other pages of the user interface are viewed.
`
`42.
`
`The following non-functional elements of Apple’s packaging designs comprise the
`
`product packaging trade dress at issue in this case (the “Apple Product Packaging Trade Dress”):
`
`-
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`a rectangular box with minimal metallic silver lettering and a large front-view
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`picture of the product prominently on the top surface of the box;
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`and
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`-
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`-
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`the box.
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`a two-piece box wherein the bottom piece is completely nested in the top piece;
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`use of a tray that cradles products to make them immediately visible upon opening
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`43.
`
`Collectively, the Apple Product Configuration Trade Dress and the Apple Product
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`Packaging Trade Dress are referred to herein as the “Apple Product Trade Dress.”
`
`Apple’s Trademarks
`
`44.
`
`Apple has protectable trademark rights in various icons used in the user interface
`
`in the iPhone, iPod touch, and iPad products——icons that are consistently used in the Apple family
`
`of mobile products.
`
`APPLE INc.’s COMPLAINT
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`45.
`
`For example, U.S. Registration No. 3,886,196 covers an icon that is green in color
`
`with a white silhouette of a phone handset arranged at a 45 degree angle and centered on the icon
`
`that represents the application for making telephone calls:
`
`
`
`Attached hereto as Exhibit 14 is a true and correct copy of U.S. Registration No. 3,866,196.
`
`46.
`
`U.S. Registration No. 3,889,642 covers an icon that is green in color with a white
`
`silhouette of a speech bubble centered on the icon that represents the application for messaging:
`
`
`
`Attached hereto as Exhibit 15 is a true and correct copy of U.S. Registration No. 3,889,642.
`
`47.
`
`U.S. Registration No. 3,886,200 covers an icon featuring a yellow and green
`
`sunflower against a light-blue background that represents the application for photos:
`
`
`
`Attached hereto as Exhibit 16 is a true and correct copy of U.S. Registration No. 3,866,200.
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`APPLE INc.’s COMPLAINT
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`Case5:11-cv-01846-LHK Document1 Filed04/15/11 Page16 of 39
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`48.
`
`U.S. Registration No. 3,889,685 covers an icon that features gears against a gray
`
`background that represents the application for settings:
`
`
`
`Attached hereto as Exhibit 17 is a true and correct copy of U.S. Registration No. 3,889,685.
`
`49.
`
`U.S. Registration No. 3,886,169 covers an icon that features a yellow note pad that
`
`represents the application for notes:
`
`
`
`Attached hereto as Exhibit 18 is a true and correct copy of U.S. Registration No. 3,886,169.
`
`50.
`
`U.S. Registration No. 3,886,197 is for the silhouette of a man on a spiral bound
`
`address book that represents the icon for contacts:
`
`
`
`Attached hereto as Exhibit 19 is a true and correct copy of U.S. Registration No. 3,886,197.
`
`51.
`
`Collectively, the application icons displayed in Paragraphs 45-50 represent
`
`App1e’s “Registered Icon Trademarks.” Apple uses these Registered Icon Trademarks in
`
`connection with its iPhone, iPod touch, and iPad products.
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`APPLE INC. ’s COMPLAINT
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`52.
`
`To represent the iTunes application, Apple uses an icon that is purple in color with
`
`a white circular band and a silhouette of two eighth-notes superimposed on the white circular
`
`band:
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`Pending U.S. Application Serial No. 85/041,463 covers this icon (the “Purple iTunes Store
`
`Trademark”). Attached hereto as Exhibit 20 is a true and correct copy of the TARR status report
`
`for U.S. Application Serial No. 85/041,463.
`
`5 3.
`
`Moreover, Apple also owns a federal trademark registration for a logo for its
`
`iTunes on-line music service, U.S. Registration No. 2,935,038, (the “iTunes Eighth Note and CD
`
`Design Trademark”):
`
`
`
`U.S. Registration No. 2,935,038 issued on March 22, 2005. Apple filed an Affidavit under
`
`Section 15 of the Lanham Act on March 24, 2010, rendering the registration incontestable.
`
`Attached hereto as Exhibit 21 is a true and correct copy of U.S. Registration No. 2,935,038.
`
`SAMSUNG’S INFRINGING PRODUCTS
`
`54.
`
`Samsung has imported into or sold in the United States the following products,
`
`each of which infringes one or more of Apple’s Intellectual Property Rights:
`
`the Samsung
`
`Captivate, Continuum, Vibrant, Galaxy S 4G, Epic 4G, Indulge, Mesmerize, Showcase,
`
`APPLE INC.’s COMPLAINT
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`Case5:11-cv-01846-LHK Document1 Filed04/15/11 Page18 of 39
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`Fascinate, Nexus S, Gem, Transform, Intercept, and Acclaim smart phones and the Samsung
`
`Galaxy Tab tablet.
`
`55.
`
`Rather than innovate and develop its own technology and a unique Samsung style
`
`for its smart phone products and computer tablets, Samsung chose to copy Apple’s technology,
`
`user interface and innovative style in these infringing products.
`
`5 6.
`
`Samsung’s Galaxy family of mobile products, introduced in 2010, is exemplary.
`
`The copying is so pervasive, that the Samsung Galaxy products appear to be actual Apple
`
`products——with the same rectangular shape with rounded corners, silver edging, a flat surface face
`
`with substantial top and bottom black borders, gently curving edges on the back, and a display of
`
`colorful square icons with rounded corners. When a Samsung Galaxy phone is used in public,
`
`there can be little doubt that it would be viewed as an Apple product based upon the design alone.
`
`5 7.
`
`Samsung had many options in developing its smart phones. Indeed, earlier
`
`versions of Samsung smart phones did not embody the same combination of elements of Apple’s
`
`trade dress. Even the icons in earlier versions of the Samsung smart phones looked different
`
`because they had a variety of shapes—and did not appear as a field of square icons with rounded
`
`corners.
`
`58.
`
`Samsung it chose to infringe Apple’s patents, trade dress, and trademark rights
`
`through the design, packaging and promotion of its Galaxy mobile phones and the Galaxy Tab
`
`computer tablet, and similar products, and it did so willfully to trade upon the goodwill that Apple
`
`has developed in connection with its Apple family of mobile products.
`
`Infringement of Apple’s Patents
`
`5 9.
`
`Samsung’s infringement of the Apple utility patents identified in this Complaint
`
`provides Samsung with unique functionality for its products that was the result of Appl