The cases are different; while Apple has both letter and merit of their lawsuits on their side (Samsung does indeed shamelessly, like a Chinese no-name, copy Apple's designs -- starting from the package box, cables and charges and ending with certain UI elements and UI behaviour), Samsung's 3G patents lawsuits are just desperate attempt to retaliate, which was obviously lame because:
1) the fees that Samsung asked in 2010 do not comply with FRAND (fair and non-discriminating) licensing terms, to which Samsung signed when their patents became the part of 3G standard;
2) Qualcomm, Broadcom, Infinion (now Intel), whose communication chips are used in Apple's devices, already pay to Samsung for these patents anyway.
Samsung is seeking a wider ban of Apple’s recently released iPhone 4S in Australia and Japan, after a series of setbacks last week in the courts, threatening the future of certain Samsung products in the United States.
The South Korean smartphone giant said it filed today for preliminary injunctions on the sale of the iPhone 4S in the Tokyo District Court, and the New South Wales Registry, Australia, in a bid to prevent its alleged infringed patents from reaching the market. The Wall Street Journal reports that in the filings to the Japanese court, Samsung also asked for the iPhone 4 and iPad 2 tablet to be barred from sale in the country.
It follows similar filings in France and Italy, leading to wide speculation that other jurisdictions would be targeted, as Samsung claimed Apple infringed a number of its core networking patents.
The filings highlight the importance of Samsung’s smartphone sales to the company, only days after an Australian court issued a temporary ban of sales, requested by Apple, of Samsung’s Galaxy Tab 10.1 tablet in the country. Samsung said it will appeal the injunction.
The tit-for-tat battle has continued since April, when the two companies began suing and counter-suing each other over patents pertaining to the design of smartphones and tablets and wireless networking.
A Dutch ban is still in place, where an appeal by Samsung fell through, with a sales injunction maintaining force in the Netherlands. Samsung’s Galaxy Tab 10.1 tablet is currently banned in other parts of Europe after Apple’s bid to block sales was successful.
Late last week, a U.S. district judge said during a hearing that Samsung’s Galaxy tablets infringe Apple’s patents, while at the same time questioning Apple’s patent validity under U.S. law. Apple will have to prove that its patents were infringed, while showing that the patents in question are valid under U.S. jurisdiction.
A formal order will be issued soon.
The iPhone 4S, which went on sale last week, surpassed the 1 million pre-order mark within the first 24 hours of sale. Samsung currently holds the highest mobile marketshare in the United States, with many of its smartphones running the Android mobile operating system.
Related:
- U.S. judge: ‘Samsung tablets infringe Apple patents’
- Apple gets Samsung Galaxy Tab banned in E.U. with moronic ruling
- Samsung beats Apple on a legal technicality
- James Kendrick: Apple to Samsung: Take your products off the market, period
- Apple seeking injunction against most Samsung Android phones and tablets
