backtop


Print 22 comment(s) - last by kittypuncher.. on Sep 15 at 3:09 AM


Apple got Samsung's Galaxy Tab 10.1 and 7.7 kicked out of Germany.

Samsung is responding by filing a lawsuit claiming Apple patent infringements with various iPhone and iPad models
Samsung fires back at Apple on two fronts

It's getting hard to keep up with all of the lawsuits and countersuits [1][2][3][4][5][6] these days in the mobile industry. The company with the largest target appears to be Google thanks to patent infringements and market dominance with the Android operating system. Apple, however, has its own favorite whipping boy which just so happens to be Samsung.

Samsung is answering back with a lawsuit of its own France reports AFP. The South Korean company alleges that Apple is infringing on three mobile phone technology patents and that infringing products include the iPhone and the iPad. Specifically, the complaint fixates on the iPhone 3G/3GS/4 and both generations of the iPad. 

The three patents center on UMTS 3G technology that is found in all cellular-capable iPads and iPhones with the exception of original iPhone released in 2007. 

Apple already won a huge battle in Germany, as the Samsung Galaxy Tab 10.1 (and its smaller Galaxy Tab 7.7 sibling) have been kicked to the curb due infringements on Apple's "minimalist design". Presiding Judge Johanna Brueckner-Hofmann of the Dusseldorf, Germany asserted that, "The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible. For the informed customer there remains the predominant overall impression that the device looks [like the Apple iPad]." 

Brueckner-Hofmann went on to add, "The crucial issue was whether the Galaxy tablet looked like the drawings registered as a design right. Also, our case had nothing to do with trademarks or patents for technology."

The Wall Street Journal is reporting that Samsung has filed an appeal, but the company hasn't expounded on what grounds it’s basing the appeal on. 



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

RE: Apple uses one "generic" patent...
By vision33r on 9/13/2011 1:08:38 PM , Rating: 0
I don't think so, this type of Patent filing is called stalling filings. It's easier to file than to win.

UTMS patents can only be won if Apple made a competing design, since Apple is using components from suppliers they are not liable for these types of suits. They will get quickly dismissed.

Samsung does not have any patents related to tablets.

Good luck winning the next injunction Samsung.


RE: Apple uses one "generic" patent...
By fishman on 9/13/2011 1:39:15 PM , Rating: 2
But sales of those items cam be blocked.


RE: Apple uses one "generic" patent...
By bfdd on 9/13/2011 2:11:42 PM , Rating: 3
and that's what Samsung is going for. these law suits from Apple are incredibly pathetic. they're attacking people who make components for them, lols. Apple doesn't make a damn thing, they rely on companies like Samsung to do the real R&D then they try to benefit. Apple needs to stop while they're ahead or they're going to get attacked with patents suits from all sides and they don't have the patent portfolio to stand a chance.


By PrezWeezy on 9/14/2011 3:24:38 PM , Rating: 2
quote:
UTMS patents can only be won if Apple made a competing design, since Apple is using components from suppliers they are not liable for these types of suits. They will get quickly dismissed.


Only if the maker of said products has an agreement with Apple to take on responsibility of those chips (indemnification clause). I don't know if they do, I'm sure Apple would require it, but it is possible that the agreement could be ruled invalid, it may not exist, it may not fully cover Apple, etc. This would allow Samsung to get a little bit of leverage in their case. It may even get Apple to back off a bit. But it is possible that Apple could still be ruled in violation, you don't have to make the product which infringes, you just have to use it.


"I f***ing cannot play Halo 2 multiplayer. I cannot do it." -- Bungie Technical Lead Chris Butcher














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki