Print 33 comment(s) - last by Cheesew1z69.. on Jan 24 at 8:27 AM

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.

Source: Reuters

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RE: Here we go again..
By saiyan on 1/20/2012 4:31:46 PM , Rating: 1
Look at their new book publishing services they just launched that forces the author to only sell their works through Apple

Once again another Apple hater twisting facts and lies about iBooks store.

FACT: You can submit EPUB ebooks created by 3rd party tools to iBooks store.

FACT: Apple's iBooks Author is a ***FREE*** program designed to direct export and publishing of ebooks to iBooks Store. Files (not contents) generated by this program can only be sold in iBooks store but ***no one forces you*** to use this program.

If you want to produce ebooks which you want to sell on multiple platforms, you can use free epub creation tools, Adobe In-Design or even Apple Page to create EPUB files.

Please repeat the followings in you head:
1) No one forces you to use iBooks Author.
2) You can use any 3rd party tools to create EPUB files which can be sold on iBooks store as well as other ebook stores.
3) If you sell ebooks created by iBooks Author on iBooks store, you are still free to create ebooks containing the same contents using 3rd party tools so you can sell them on other platforms. Double work and effort? Yes. But once again, no one forces you to use iBooks Author.

Why should Apple provide you a ***FREE*** and excellent authoring tool so you can create ebooks to be sold on other platforms like Amazon Kindle?

If Amazon provides a free authoring tool as good as iBooks Author but you can only use it to produce ebooks for Kindle readers, will you complain about it?

No, you will be singing praises of Amazon and say what a cool authorizing tool Amazon has created allowing you to publish directly to Amazon store.

Once again. Haters will hate and often twisting facts, especially for Apple haters, no matter what.

RE: Here we go again..
By Aries1470 on 1/21/2012 12:20:13 AM , Rating: 2
Wow. I admittedly normaly am against (cr)APPLE on many things, but this one, I MUST agree with them!
If you want to use someones *FREE* software, you take it with their limitations!
How different is it to the *NORMAL* exclusivity that publishers get for publishing YOUR book?
You sign contracts etc and you are stuck with the 1 publisher.
So can someone explain to me, how this is different?

If it is so good, and worth using, you may limit your exposure, but you will still get to sell. It is your decision to make whos tools you use and where to publish.

Go (-cr) APPLE! This is for once a nice move, that is totally business as it should be.
They made a program for THEIR ecosystem, it is THEIR right to lock it down or open it up as much as they want!

p.s. I use to LOVE APPLE alot in the past, until Jobs came back. He did a great job turning the company around but did not like his practices. Especially ever since he broke his promise and cancelled all agreaments for 3rd party Apple Mac clone manufacturers!

p.s.2 I still have and still will keep my sticker I got from them in 1983/84 in Greece in one of the 1st computer expo's there that is the color Apple logo! And no, I have been asked, and I am not selling it!

RE: Here we go again..
By Fritzr on 1/21/2012 12:26:32 AM , Rating: 2
by saiyan on January 20, 2012 at 4:31 PM

Look at their new book publishing services they just launched that forces the author to only sell their works through Apple

Once again another Apple hater twisting facts and lies about iBooks store.

I love the way way you spun that :D Your first reading error is in your very first line. It is the authoring system not the bookstore.

1: The article states that the iBook authoring system requires any work to be sold ONLY with permission from Apple.

2: The article does NOT state that iBook authoring system is required to create content for the iBook reader. You can even create iBook authoring standard content using other tools. What happens if you use the iBook authoring system standards though, is that you cannot use any reader except iBook.

No need to twist the facts

The iBook authoring system is free to use

Content created using the iBook authoring system can ONLY be sold by Apple or with written permission from Apple

Content created using iBook authoring system extensions will not be usable on any reader except iBook.

Very simply; Use the iBook authoring system OR the standards it adds and you are tied to Apple and Apple alone. No competing product will be compatible without a license from Apple. The history of such licenses gives little confidence of future support on non-Apple readers.

RE: Here we go again..
By Fritzr on 1/21/2012 12:38:27 AM , Rating: 2

Yes it is nice of Apple to distribute a tool for creating product that you cannot use to create works that you can sell without written permission from Apple. This is fairly common, but is more normally referred to as "giving our suppliers the tools they need to conform to our standards"

Should Amazon distribute a similar tool that is Kindle only then it would get a similar reaction. They could. All they need to do is to design a set of proprietary extensions, add support for the extensions to the Kindle and invite people to generate content that can only be sold by Amazon and used only on the Kindle.

Microsoft has used this business model for many years and is routinely criticized for it. The general form is called "Embrace, Extend, Exterminate". This business model is why IE6 is still an extremely popular piece of malware. This business model is why Sun revoked the Java license granted to Microsoft.

"Folks that want porn can buy an Android phone." -- Steve Jobs

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