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27th Sep 11

Samsung and Apple involved in more patent wars

by Harry Oldfield

A bite of the Apple: Samsung continues to fight for Galaxy sales rights

Samsung and Apple are once again in the courts in their continuing, tit-for-tat war.

On Monday the companies appeared before judges in the Netherlands and Australia, each requesting that the other’s products are banned from sale. In Sydney, Apple’s lawyers alleged that Samsung’s Galaxy Tab infringed patents which related to its touchscreen interface. Meanwhile, Samsung fought back in the Hague, seeking an embargo on iPhones and iPads over 3G patents.

So far Apple has achieved more success in the courts by hindering its rival’s commercial aspirations. At present, the Galaxy Tab 10.1 is banned from being sold in Germany, a sales ban on Samsung smartphones is scheduled to begin in the Netherlands next month, and Samsung has delayed its tablet launch in Australia amid the ongoing legal battle there.

Samsung has not yet scored a victory of any significance against Apple, but it has filed law suits in several countries, including South Korea and France. The two companies also have pending actions in the United States. In the Australian hearing on Monday, Apple attorney Steve Burley said that the rival tablet was similar to the iPad 2 in factor, form and shape.

The discussion about both products’ feel and look was similar to the arguments in the earlier European cases, but Apple is also alleging that certain patents have been infringed. The Sydney Morning Herald said that the claims relate to the unlocking, zooming and scrolling features on the Galaxy Tab.

Samsung is rumoured to have filed a counter-claim in Australia, in relation to 3G mobile telecoms patents which it holds. The same pieces of technology were the basis of the Korean company’s claim in the Netherlands. The manufacturer claimed that its rival did not license patented designs which are used in the iPad and iPhone.

Apple claimed that it should not need to as it is already paying Intel and Infineon which then license those Samsung patents.Andreas Udo de Haes, a Dutch reporter, said in a tweet from the court that Samsung claimed it had offered licensing conditions which were rejected by Apple.

As the hearing went on, patent blogger Florian Mueller said that he believes an injunction is quite unlikely. He explained that Samsung could receive a royalty payment, which needs some detailed technical analysis, although Apple will probably be allowed to continue to sell.

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