Apple Loses Australian Injunction Bid; Netherlands Says no to iPhone 4S Ban
October 14, 2011 1:12 PM
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The patent war takes a bad turn for the i-device maker
Apple, Inc. (
) seemed on a roll over the last month in the worldwide patent war [
] it initiated last year against Samsung Electronics Comp., Ltd. (
). Its blitzkrieg earned crushing victories in Australia and Germany [
]. But much like the German blitzkrieg in World War II was abruptly derailed at the Battle of Stalingrad, Apple's bid for global tablet and smartphone supremacy via banning its competitors with litigation has abruptly stalled.
I. Australia Ban Only Applies to Single Tablet
Yesterday a U.S. judge stated that she was
likely going to deny Apple's request
for a preliminary injunction, at least on the technology grounds. And another key loss for Apple was
yesterday in Australia.
Apple's lawyers tried in court to argue that all Samsung tablet releases should be banned, not just the Galaxy Tab 10.1. Stated the Apple counsel, "Samsung says Galaxy Tab 10.1, we say any tablet device."
"We know what may well come is another version of the tablet. It's up to our friends as to how they name it, whether they call it the Galaxy Tab 10.1 or 10.2 or 10.1s or whatever it happens to be."
But Samsung's lawyers said this would lead to its Galaxy Tab 7 and Galaxy Tab 10.1v (which Apple has not explicitly targeted yet in this region) being banned.
Apple wanted Samsung to have to submit all new products to it at least 10 days in advance, giving it time to ban them. Samsung's lawyers blasted this suggestion, referring to its as a "rolling mandatory injunction" and stating, "Why should Samsung be put in a different position to any other trader in the marketplace, which is to give advanced warning so as to confer some process of effective pre-approval in the hands of its competitor?"
The Galaxy Tab 10.1 may be banned, but an Australian judge safeguarded its brethren from a complete ban. [Source:
Judge Annabelle Bennett who previously agreed with Apple's request for a preliminary injunction this time sided with Samsung. She commented, "It does seem to me not to be warranted that the sort of order that you've sought be applied."
II. Netherlands Says No to iPhone 4S Ban
In related news in the Netherlands Samsung has been
dealt a setback
as well, losing its
request for a ban the iPhone 4S
. The Hague court has already expressed hesitance to hand out preliminary injunctions like candy, as other international courts have been prone to.
A month and a half ago, a Netherlands Judge did
issue a preliminary injunction against Samsung,
but it was a very weak one, as it rejected Apple's design claims and only based the injunction on a GUI patent (the same one used in the U.S. case). Samsung modified its Android distributions to avoid violating that GUI patent and the preliminary injunction was dropped. Samsung's devices are now on sale in this region.
The biggest battles of the patent war still lie ahead, but it appears increasingly unlikely that Apple's wish for a global ban on Samsung smartphones/tablets will be realized.
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10/15/2011 2:06:32 AM
“So far we have not seen a single Android device that does not infringe on our patents." -- Microsoft General Counsel Brad Smith
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