Friday 3 August 2012

Smartphone Patent War: Apple versus Samsung


On 15th April, 2011, Apple sued Samsung, alleging that the later copied the look and feel of its iPhone and iPad in its product Galaxy S line. Apple said “Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple's technology, user interface and innovative style in these infringing products,” according to the Wall Street Journal
This suit was later expanded to include 13 more products, including the Galaxy Tab 10.1, Nexus S 4G, and the Droid Charge.
Samsung filed a countersuit, targeting Apple for infringing on five patents relating to wireless networking technology (though it later dropped one countersuit that was filed in a U.S. federal court to simplify its proceedings).
In 2010 Apple had also dragged HTC (for 20 instances of patent infringement) and Motorola (alleging that its multi-touch smart-phones use Apple-owned intellectual property) in the patent battle. By August, 2011, there were 19 ongoing lawsuits (at present the number of lawsuits is more than 50) in 12 courts in nine countries on four continents.
Judgment of Various Courts across the Globe.
Country Judgment At present
Germany
Court blocked the sale of the Galaxy Tab 10.1 in Europe, with the exception of the Netherlands.
Later the court tightened its ruling and only applied the ban to sales within Germany
Appeal by Samsung

Australia
Samsung agreed not to sell the Galaxy Tab 10.1 in Australia until it settles an ongoing patent dispute with Apple.

Netherlands A Dutch court in The Hague, imposed a ban on the Galaxy smart-phones but not the tablets, at the request of Apple.
Apart from the abovementioned courts, the parties are also fighting in France, Japan, USA, International Trade Commission (ITC), United Kingdom, Italy and South Korea.

Current Status.
In the lawsuit pending before a US District Court, on 1st August, 2012, Apple said in its filing with U.S. District Judge Lucy Koh that a July 31 statement from Samsung’s lawyer, (wherein Samsung intended to convey to jurors, through the media, arguments contesting Apple’s central allegations that Samsung copied the iPhone and iPad) was “bad faith litigation misconduct”, which was meant to prejudice the jury. Hence, it requested the court to issue sanctions granting judgment that Apple’s asserted phone-design patent claims are valid and infringed by Samsung.
Samsung, in an 2nd August filing, countered that Apple’s request should be rejected because Samsung’s statement was protected free speech.
The court dismissed Apple’s request for a judge to punish its lawyer’s public disclosure of evidence excluded from trial
The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).

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