Apple hits Samsung in court again Skip to main content

Apple hits Samsung in court again

A shop employee holds an Apple iPad behind a Samsung Galaxy Tab  
Spot the difference: Apple and Samsung remain locked over the iPad and Galaxy devices

Related Stories

Samsung's tablets infringe patents owned by Apple, a US judge has ruled.

However, she warned that Apple needs to prove the validity of those patents if it is to win an injunction preventing the sale of Samsung's Galaxy Tab.

The decision is the latest in a dispute which spans 20 cases in 10 countries, some of which have led to Samsung products being taken off the shelves.

In a separate case in the Netherlands, a court rejected a similar bid by Samsung to ban Apple products.

Samsung had argued Apple should not be allowed to sell devices that use 3G mobile technology patented by Samsung because it did not have licenses to use the technology.
'Groundless'
 
Apple claims that the Galaxy range "slavishly" copies its massively-selling iPad and iPhone.
The Californian company has sought to ban the sale of the Galaxy S 4G smart phone and Galaxy Tab 10.1 tablet in the US.

A similar ruling in an Australian court led to a temporary sales ban on the tablet in that country.

US mobile networks have opposed Apple's request, saying it could affect sales of the products in the run up to Christmas.

California District Judge Lucy Koh ruled that while patents have been infringed, Apple must now show that its claim on those inventions is valid.

The disputed patents include three covering design - including the exterior look of the device - and a 'list scrolling patent' which relates to how users view documents.

Samsung argued that Apple's claims are invalid due to previously registered patents relating to design elements and functionality.

The company's attorney, Kathleen Sullivan, said her client "clearly raised substantial questions" and that the injunction bid should therefore be rejected.

Start Quote

It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad”
Apple spokeswoman
 
But Apple argue that its own product's design is far superior to those which came before the iPad and iPhone, and so therefore its patents should not be invalidated.

At one point in the hearing the judge held both Samsung and Apple products up on the air and challenged the defence to whether they could identify which device was which.

Samsung attorney Ms Sullivan, who was roughly 10 feet away, responded: "Not at this distance your honour."
Another lawyer for Samsung correctly distinguished the two.
A spokesman for the South Korean company described Apple's claims as "groundless".
Apple spokeswoman Kristen Huget said: "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad.

"This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas."

Both companies have been locked in patent disputes since April, with each accusing the other of infringing various patents.

In The Hague, a Dutch court refused a Samsung bid to block Apple products on the basis that the US company did not have the right to 3G licenses.

The ruling said that 3G technology has been accepted as an industry standard, and therefore Samsung was obliged to offer Apple licenses according to "fair, reasonable and nondiscriminatory" - or Frand - terms.
...........
BBC

Comments

Popular posts from this blog

Chronology of the Press in Burma

1836 – 1846 * During this period the first English-language newspaper was launched under British-ruled Tenasserim, southern  Burma . The first ethnic Karen-language and Burmese-language newspapers also appear in this period.     March 3, 1836 —The first English-language newspaper,  The Maulmain Chronicle , appears in the city of Moulmein in British-ruled Tenasserim. The paper, first published by a British official named E.A. Blundell, continued up until the 1950s. September 1842 —Tavoy’s  Hsa-tu-gaw  (the  Morning Star ), a monthly publication in the Karen-language of  Sgaw ,  is established by the Baptist mission. It is the first ethnic language newspaper. Circulation reached about three hundred until its publication ceased in 1849. January 1843 —The Baptist mission publishes a monthly newspaper, the Christian  Dhamma  Thadinsa  (the  Religious Herald ), in Moulmein. Supposedly the first Burmese-language newspaper, it continued up until the first year of the second Angl

Thai penis whitening trend raises eyebrows

Image copyright LELUXHOSPITAL Image caption Authorities warn the procedure could be quite painful A supposed trend of penis whitening has captivated Thailand in recent days and left it asking if the country's beauty industry is taking things too far. Skin whitening is nothing new in many Asian countries, where darker skin is often associated with outdoor labour, therefore, being poorer. But even so, when a clip of a clinic's latest intriguing procedure was posted online, it quickly went viral. Thailand's health ministry has since issued a warning over the procedure. The BBC Thai service spoke to one patient who had undergone the treatment, who told them: "I wanted to feel more confident in my swimming briefs". The 30-year-old said his first session of several was two months ago, and he had since seen a definite change in the shade. 'What for?' The original Facebook post from the clinic offering the treatment, which uses lasers to break do

Myanmar Villagers Tell of 150 Homes Burned in Deadly Army Air Attacks

Artillery fire and aerial bombardments by Myanmar forces killed three civilians and burned scores of houses in their communities in mid-March amid fighting between Myanmar forces and the rebel Arakan Army in war-ravaged Rakhine state, villagers recounted Monday at a press conference. Villagers from Kyauktaw township in western Myanmar's Rakhine state discuss the government military's attacks on their communities at press conference in Sittwe, March 30, 2020. They made the comments after traveling from in Kyauktaw township to the state capital Sittwe to give testimony on a series of attacks on civilian dwellings amid a government-imposed internet shutdown in nine townships in Rakhine and neighboring Chin state, cutting off vital information about the fighting. They villagers accused the Myanmar Army of conducting an aerial bombing on civilian communities that destroyed about 150 homes and a monastery in Pyaing Taing village, while government soldiers on the g