Samsung Loses 3G Patent Case Against Apple in Germany
January 20, 2012 8:42 AM
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The ruling comes only days after Apple filed another lawsuit to ban the Galaxy S II smartphone in Germany
A judge from the Mannheim Regional Court in Germany ruled that Samsung's claim regarding Apple's 3G/UMTS wireless communication patent violation is not valid.
Apple and Samsung's patent war began back in April 2011 when Apple claimed Samsung was an
"iPhone, iPad copycat."
More specifically, Apple said the Galaxy S 4G, Epic 4G and Nexus smartphones infringed on Apple patents.
Apple worked its fingers to the bone to ban Samsung's smartphones and tablets around the world, and successfully did so in countries like Australia and Germany. However, Samsung began launching a few patent suits of its own to retaliate and keep its property safe from Apple's harm. Samsung was able to
lift the ban on its popular Galaxy Tab 10.1 in Australia
in December 2011.
The two tech giants flung lawsuits back and forth through much of 2011, and it doesn't look like 2012 will be much different. Today, Judge Andreas Voss of the Mannheim Regional Court ruled that Samsung's claim against Apple, which is one of three pertaining to the 3G/UMTS wireless communication patent violation complaints in Germany, is invalid. Judge Voss did not mention why the claim was void. According to Florian Mueller, independent patent expert, two possible reasons could be that Apple's products didn't infringe on the patent in a technical sense or that the court believes Samsung's rights are "exhausted," while Apple has a technical license by extension.
"We are disappointed that the court did not share our views regarding the infringement by Apple of this specific patent in Germany," said Samsung.
The other two patent infringement claims against Apple regarding 3G/UMTS wireless communication will be determined on January 27 and March 2.
"This ruling related to only one of 13 patents that are currently in suit
between those parties
in Germany, and dozens of patents on a worldwide basis," said Mueller. "It's not the first rejection of a complaint involving these two players, and barring a major surprise, it won't be the last."
However, Samsung's technology isn't the only one at stake with these Apple-related patent wars. Android, which is Google's mobile operating system that runs on Samsung's mobile hardware, could stand to lose too. Just last month, the United States International Trade Commission ruled that some smartphone features are protected by Apple, such as the ability to tap a phone number within a text or email and call that person directly, and the ability to schedule a calendar appointment with the tap of a finger on a date in an email. These features, which are common throughout most smartphones now, could really hurt Android if Apple succeeds. However, most of these features require trivial changes that can work around Apple's constant griping.
The latest patent ruling comes only days after Apple filed its most recent lawsuit against Samsung in Germany, asking that the court ban Samsung's Galaxy S ll smartphone as well as nine other smartphones and five tablets.
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RE: Here we go again..
1/20/2012 3:23:45 PM
What over excited paranoid hysteria. Sorry to be harsh but you deployed a silly amount of hyperbole.
Is the way the iBooks authoring system work that different to what we have seen before?
It seems to me a fairly common model which has not generated any sort of complaints before. Unreal for example gives away their Unreal Engine and tools for free. Make all the games you want, give your games away for free, but if you sell your games, Unreal wants a cut because you are benefitting from their technology. The iBook Author system is the same sort of deal.
Apple doesn't claim ownership of your content. You can still distribute your content on other stores if you use other tools. But if you use iBooks Author, you must distribute through the iBooks store if you want to make money off of it, you can also distribute iBook Author produced books outside of the iTunes store, via downloads from a web site for example or via email, whatever, as long as they are free.
This looks like it has the potential to transform a big chunk of the tools available to educators and student for the better. That is a good thing. Nobody else has tried this total approach before and nobody other than Apple probably could.
Have a play with the free content creation software iBook Author. Its fantastic. The great thing is you can not only create a book for distribution on iTunes but you can also distribute them any way you choose (as long as it's for free and not via another rival store).
I may make books just to give to friends and family. Imagine what you could do with your photos or movies, or family histories with this sort of stuff. Imagine if you put on a play or cultural event and creating a beautiful electronic event program available in iTunes or by download. Imagine making a book for someone getting married or graduating or retiring. Really this is an exciting new way to make ebooks.
Sure it encourages people to buy iPads - so what? Why else would any company do anything except because it supports their business model.
RE: Here we go again..
1/21/2012 12:01:34 AM
You completely missed the point while saying that you agree with the comment on iBooks right at the beginning of your disagreement.
The iBooks authoring system is proprietary. Any work created using the iBooks authoring system cannot be sold without permission from Apple. Also iBooks authoring system uses a proprietary ebook standard that is supported only by the iBook reader. So you also need permission from Apple to read the books created. If a reader cannot obtain an iBook app they cannot use iBook content.
Yes, you can create an equivalent work, using industry standard tools, that can be used with industry standard readers, but then they wouldn't be iBook.
RE: Here we go again..
1/21/2012 6:34:11 AM
The fact of the matter is the ibook authoring system is a revolutionary idea, but honestly trying to cut out the publishers and the other vendors will kill apple in the long run.
I honestly think an open format for this should be done for textbooks and other books making it easier for authors to publish their work and keep more of the profits
It will never work for something as broad as books if you cut out the ability to publish it anywhere else it just would never be cost effective for an author.
Apple shouldn't be stupid enough to challenge amazon and the big publishers on this they might be able to team up with amazon and b/n and cut out the publishers but trying to fight the other book retailers and the publishers is just suicide.
Honestly though I do love the idea but they really do need to realize that such an isolated system does not work all the time if you want to get above the 5-10% marketshare.
RE: Here we go again..
1/21/2012 11:09:38 AM
Ok, what revenue stream is Apple going to achieve under your scenario? They give the tool away for free, allowing the product to be published in other venues means they do not get paid.
"Google fired a shot heard 'round the world, and now a second American company has answered the call to defend the rights of the Chinese people." -- Rep. Christopher H. Smith (R-N.J.)
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