DailyTech - Apple Can't Quit Motorola Case, Loses to Samsung in the Netherlands

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Gadgets Apple Can't Quit Motorola Case, Loses to Samsung in the Netherlands
Jason Mick (Blog) - June 20, 2012 4:22 PM

8 comment(s) - last by Initium.. on Jun 22 at 8:02 PM

Apple continues to try to kill Android in court, but sees mixed results

It was Google Inc. (GOOG) subsidiary Motorola Mobility which first sued Apple, Inc. (AAPL), but now it is Apple who is fighting to keep its case alive in Chicago federal court.

I. Last Chance for Apple's Motorola Case

Judge Richard A. Posner, a Seventh Circuit Court of Appeals judge who moonlighted in the U.S. District Court, Northern District of Illinois(Chicago), tossed Apple and Motorola Mobility's (a Google Inc. (GOOG) subsidiary) suits/countersuits out of court "with prejudice" during the first week of June. He was upset about both companies' refusal to place a realistic evaluations of their patents' worth (both companies reportedly lofted astronomical figures).

Apple was very unhappy about the dismissal and petitioned Judge Posner to reconsider. Despite his past frustration with Apple's legal team, Judge Posner had a change of heart and granted Apple one last chance -- a preliminary injunction hearing:
Apple v. Motorola

Do note that he warned Motorola to be prepared to justify its use of fair, reasonable, and non-discriminatory (FRAND) standards patents in its lawsuit against Apple -- a thorny issue that has led to many a complaint from Apple and Microsoft Corp. (MSFT).

According to Reuters, that case is being presented this afternoon. For both Apple and Motorola, it represents one last chance to ban each other's products. But it seems to be more important to Apple, given the great lengths it went to, to try to cajole Judge Posner back into one last hearing.

II. Samsung Wins Licensing Fees in the Netherlands

Meanwhile on the other side of the globe, a Netherlands court has delivered a key ruling in the favor of Samsung Electronics Comp., Ltd. (KSC:005930) the world's largest smartphone maker.

A Dutch court found that Apple's iPhone 3G, iPhone 3GS, iPhone 4, first-generation iPad, and iPad 2 were in violation of Samsung's European Patent 1188269. The patent covers "Apparatus for Encoding a Transport Format Combination Indicator for a Communication System" -- a key FRAND 3G technology.

The same court last year denied Samsung the right to ban the infringing Apple products, saying that was not permittable to do with a FRAND patent. But in the end Samsung won a smaller victory regardless, forcing Apple to pay for a technology it has thus far refused to license.

_{A Dutch court agreed that Apple "stole" or "copied" Samsung's 3G technology without paying it the neccessary licensing fees. Now Apple must pay up.}

Samsung's biggest victory, perhaps, to date came when it denied Apple's hopes of a Galaxy S III sales ban. With no next generation product announced, a panicked Apple pleaded with Northern District of California (San Jose/San Francisco) Judge Lucy Koh to hold emergency sessions in the hope of banning the hot new Samsung flagship phone.

Judge Koh silenced Apple's cries telling its lawyers that they could not monopolize her time.

Apple will still have a shot at banning Galaxy S III sales, but it will come at a later date, after the launch. That means Apple will have to do the last thing it wanted to have to do -- compete.

Source: Reuters

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Sue/Appeal...Sue/Appeal...

By WalksTheWalk on 6/20/2012 5:45:05 PM , Rating: 5

...and the game continues.

When will Apple put it's swords away and just continue down the road their on? They obviously have compelling products, appealing to a large user base. They have enormous profits and a huge roll of cash in the bank.

Apple, the past is the past. Learn from what happened with Microsoft with Windows vs MacOS and move onto bigger and better things. No one is stealing anything. You don't have the sole right to ideas and implementations that have been in computing for years.

RE: Sue/Appeal...Sue/Appeal...

By retrospooty on 6/20/2012 6:35:46 PM , Rating: 2

"Apple, the past is the past. Learn from what happened with Microsoft with Windows vs MacOS and move onto bigger and better things. No one is stealing anything. You don't have the sole right to ideas and implementations that have been in computing for years"

I would guess after another year or two, when all the lawsuits have failed and they see that they have accomplished nothing.

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RE: Sue/Appeal...Sue/Appeal...

By BZDTemp on 6/20/2012 6:50:37 PM , Rating: 5

Not much hope. Apple seems to think that now they have money they also have to be dicks.

Fortunately it is backfiring and even non-tech people is catching on. I have had colleagues about Apple's dealings and then going Nokia or Android because the cult of Mac has become evil.

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RE: Sue/Appeal...Sue/Appeal...

By dark matter on 6/21/2012 7:54:48 AM , Rating: 2

Absolutely this.

I don't want to be associated with Apple products any longer. Most of the users are as dickish as Apple themselves.

Smug, self righteous, and full of themselves.

Ewww, no thanks. Owning an Apple product suddenly becomes vulgar.

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RE: Sue/Appeal...Sue/Appeal...

By Initium on 6/22/2012 8:02:01 PM , Rating: 2

Owning an Apple product becomes vulgar. How refreshing to hear people actually associate the idea of owning a company's product with the corporate behavior of the company itself. Wouldn't it be a great thing if people used their purchasing power to pressure companies to behave better?

Now if we can only get people to realize that Samsung gouge their home market to subsidize their overseas expansion. A Galaxy SIII in Korea costs over $700. A Samsung Galaxy Note costs about $900 in Korea. How much do they cost in the USA?

Hyundai once used two production lines for their domestic and US export vehicles. The export vehicles were manufactured to US safety standards while the domestic vehicles were not even close and at the same time the export vehicles were cheaper than the inferior domestic models despite being shipped thousands of miles.

Gouging their domestic market is one technique Korean companies use repeatedly to fund their overseas expansion and compete on price. Koreans are very patriotic and Korean companies cynically use this trait against their own people.

Apple at least seems to be universal on price even if they are acting like spoiled children with all of these patent law suits. Perhaps if people did associate owning the products with the behavior of the companies that sell those products Apple might stop making the lawyers richer and Samsung might stop ripping off their own people.

Ah, such a sweet dream.........

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RE: Sue/Appeal...Sue/Appeal...

By nolisi on 6/20/2012 7:21:30 PM , Rating: 2

http://youtu.be/njos57IJf-0

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RE: Sue/Appeal...Sue/Appeal...

By Natch on 6/21/2012 9:37:30 AM , Rating: 2

quote:
When will Apple put it's swords away and just continue down the road their on? They obviously have compelling products, appealing to a large user base. They have enormous profits and a huge roll of cash in the bank.

Because they're like that girl, Violet, in "Willy Wonka". Even though they have it all, they want MORE. Damn the cost, damn the consequences.

Personally, I can't wait for the Oompa-Loompas to roll Apple away.

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