Friday, 14 October 2011 22:29

Apple v Samsung Update 10-14-2011

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screenshot-page-28Well it is time for another Apple Legal Round up. On Friday October 14th 2011 we find that Apple has managed to get a preliminary injunction on the sales of some of Samsung’s products in Australia. Most notable in this ban is the Galaxy Tab 10.1. This injunction and ban was handed down after Apple rejected a compromise offer to Apple. Apple is using this offer to bolster their claim that the Tab is a copy of their iPad and that it infringes on their Intellectual Property. On the other hand their rejection of this could be seen as an indication that they are not looking to cooperate and just want a competing product off the market. Either way the ban will be in place until after the case in heard in court.

In the Netherlands, Apple has managed to avoid having their own products banned. It seems that Samsung put in a complaint stating that Apple has infringed on their patents involving 3G technologies. However the judge in this case was not buying it. Samsung’s complaint and accusations were thrown out along with Apple’s own counter complaints. It is quite possible that they are getting a little tired of the bickering between these two companies. In this case Samsung has stated they will pursue other avenues to protect their IP.

In the US a judge has refused a preliminary ban on Samsung products stating that Apple has to prove their claims before any ban or injunction will be put into place. This case is a little interesting as it seems that the judge may hold some doubts to the validity of the patents in the first place. At one point US District Judge Lucy Koh held up both tablets and asked the Samsung lawyers present to identify them. It took a few moments before the answer could be supplied.  Apple maintains that their design is what makes all of the difference and that no one should be copying it. The problem with that comment is that all tablets are going to have a similar design. They are rectangular devices with a screen on one side. Only logos and color differentiate most of them in terms of appearance. In any case Apple now has to not only prove that Samsung has violated these patents, but now also has to prove that the patents are valid.

These items are just the latest news in the patent war between Samsung and Apple. As of this writing there are over 20 legal cases in progress around the world. The enmity between these two comes from a bad ending to a partnership that Samsung and Apple enjoyed right up until Apple began designing their own chips for their products. May have felt that Apple used the information and technology provided by Samsung to start this venture only to find themselves not only left out, but being the target of Apple’s legal team attempting to suppress their products.

I doubt that we will ever know what really kicked all of this off but one thing is fairly clear IP or not; Apple wants Samsung’s (and others) phones and Tablets off the market. They know that even a temporary delay in sales can hinder or even kill a product.

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Read 2048 times Last modified on Friday, 14 October 2011 22:34

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