While tonight's report is limited to presenting you with Samsung's
actual design patent figures and nothing else — you'll still be able to see for yourself that Samsung is boldly looking far beyond their current Gear design line - up that's struggling to find it's footing in the market.
Not exact matches
The Copyright
Designs and
Patents Act 1988 (CDPA 1988) s 97A gives the High Court the power to grant an injunction against an ISP, which has
actual knowledge of a third party using its service to infringe the rights of an IPR holder.
Such a disgorgement is only permissible if at least one
design patent was infringed (it's impermissible for infringement of utility
patents) and (which is not specific to
design patents but to all
patent damages under 35 U.S.C. § 287 (a)-RRB- if the infringer had «
actual or constructive notice of the
patent» (as Judge Koh described the requirement in her damages order).
[a footnote then points to an
actual Apple
design patent of that kind, which basically covers a musical not in a circle and also had the Patently - O blog stunned] And under this holding, profits on an entire car — or even an eighteen - wheel tractor trailer — must be awarded based on an undetachable infringing cup holder.»
Upon publication, applicants may have provisional rights against infringers using the
design despite
actual notice of the application, if the application subsequently issues as a
patent.
Samsung calls the device «Earphone» in the
patent application, but like all other
patented designs we come across, it's hard to speculate on exactly what the purpose of the device will be, and whether it will ever be realized as an
actual product.
Beside
actual illustrations,
design patents don't provide the public with any kind of refined details that would make the
patents more valuable.
As you could see in
patent FIG. 2 above that the folding of the display sounds like the display will be folded like a piece of paper whereas the
actual design illustrates that within the frame of the smartphone actually creates a loop in the display at the fold mark so as to not damage the display with repeated folding.
Apple has filed a number of
patents related to wireless charging technology, but a large number of companies file
design patents that never end up becoming
actual products.