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..
1/21/2012 12:20:13 AM
Wow. I admittedly normaly am
(cr)APPLE on many things, but this one, I
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
You sign contracts etc and you are stuck with the
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
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!
"This is about the Internet. Everything on the Internet is encrypted. This is not a BlackBerry-only issue. If they can't deal with the Internet, they should shut it off." -- RIM co-CEO Michael Lazaridis
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