ie8 fix

Apple files new lawsuit, seeks new ban against Samsung in Germany

By | January 17, 2012, 8:12am PST

Summary: ‘Those two’ are at it again. Apple strikes Samsung with another lawsuit, while Samsung keeps batting them away with its industrial-sized legal baseball bat.

Another day, another lawsuit. If you thought these suits were going to slow down and peter out, you’re not in for much luck.

The two smartphone giants are once again at loggerheads after Apple filed a lawsuit against Samsung in Germany last week. Apple is seeking the ban on a number of Samsung’s smartphones in Germany.

The suit claims that ten Samsung smartphones violate Apple’s design patents. A separate suit claims that five of Samsung’s tablets also violate patents, including the Galaxy S II.

But only last month, the Dusseldorf court said it is unlikely to grant Apple an injunction against Samsung’s revised Galaxy Tab 10.1N, which was changed to stand out from the iPad for which Apple claimed it had remarkable design similarities.

Apple had previously attempted to seek a ban on Samsung’s tablet product range. Last month, Apple believed that Samsung violated at least ten of its patents. Samsung struck back at Apple by alleging four of its own patents were infringed, including one involving a smiley face emoticon.

Both Samsung and Apple have been at each other’s necks since April last year, when Apple brought its first patent infringement case against the Korean smartphone and tablet giant. Despite a series of injunctions and sales bans, Samsung still expects record profits.

The tit-for-tat legal bickering is not expected to die down any time soon. The patent war between the two companies has spread to over 30 cases in 10 jurisdictions, including Australia, Europe, and the U.S.

While Samsung remains on the most part the defendant in most cases, the company is hardly complaining. Apple’s attempt to block the sale of its products invariably made the Galaxy Tab a “household name”.

A Samsung spokesperson acknowledged the lawsuits, but declined to comment.

Image source: CNET.

Related:

Kick off your day with ZDNet's daily e-mail newsletter. It's the freshest tech news and opinion, served hot. Get it.

Topics

Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit. Details of which are restricted, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from the Huffington Post, Business Insider, AllThingsDigital, The Atlantic Wire and CBS News.

21
Comments

Join the conversation!

Just In

And what are we supposed to say?
John L. Ries Updated - 18th Jan
@hopp64
It certainly doesn't make me want to run out and buy an iPad either. Do you want me to lie and say that punishing vendors in the marketplace (or even criticizing them) for abusing the legal system is a crime against Free Enterprise because everybody does it (or would if they could)? Or maybe just say that we're all being horribly unfair to Poor Innocent Persecuted Microsoft and that we should ignore its 25 year history of market manipulation?
Seriously: I'm surprised that Samsung isn't running ads touting the Galaxy Tab as "An Andrioid tablet so good, that Apple doesn't want you to be able to buy it."
@dsf3g

That's Good. If I were in Samsung's marketing dept, I'd steal it.
0 Votes
+ -
"steal it"... Now that's FUNNY:)
James Quinn 17th Jan
@Badgered

Pagan jim
@James Quinn

at least someone caught it. I hate to waste a joke.

Though honestly, with Apple's near unofficial monopoly on the tablet space, who's seriously going to buy a Samsung when they intended to buy an iPad?
@dsf3g

Samsung did use that marketing angle in Australia after a ban was lifted.
Round and round we go.
@Droid.Incredible
The community has has reached it's tolerance limit and apple must drop this lawsuit of face serious consequences!
0 Votes
+ -
Yawn....zzzzzzz.
James Quinn 17th Jan
@The Linux Geek

Pagan jim
then yeah, consider them "slapped down". Now go upstairs and see what your mom's making for dinner.
Apple is losing the technology edge even Steve Wozniak who founded Apple along with Steve says so. Eventually even the judges will start disrespecting Apple for its silly lawsuits.
Apple better start putting more emphasis on technology rather than the legal battles or its days are numbered just like Sun Micro-systems. Sun decided to fight MS legally instead of by technology and it destroyed the company.
@mktpostal@... Yeah no tech there to speak of....Sheeeeezzzzzz.

Pagan jim
0 Votes
+ -
Yes, the iPod, iPhone, iPad
Mister Spock 17th Jan
@James Quinn
Three iterations of basically the same product, the same concept.

Would that be any different then Microsoft generating their revenue from Windows on the PC, Windows on the Server, and Windows on the phone?

Three instences of basically the same product.
plain
Add how many record revenue numbers has MS put up since then? Please SUN come back and destroy me that bad.
0 Votes
+ -
Crossing the line
klumper 17th Jan
Samsung struck back at Apple by alleging four of its own patents were infringed, including one involving a smiley face emoticon.

I mean really, an emoticon. And a smiley face at that. This is when you know things have gone too far, by clearly exceeding any vestiges of fair game.

How dare Apple.
Home all the Linux fanatics aren't all over this story? Oh wait it isn't some SJVN FUD piece against Microsoft so they don't care.

ScorpioBlue come out and play...
0 Votes
+ -
And what are we supposed to say?
John L. Ries Updated - 18th Jan
@hopp64
It certainly doesn't make me want to run out and buy an iPad either. Do you want me to lie and say that punishing vendors in the marketplace (or even criticizing them) for abusing the legal system is a crime against Free Enterprise because everybody does it (or would if they could)? Or maybe just say that we're all being horribly unfair to Poor Innocent Persecuted Microsoft and that we should ignore its 25 year history of market manipulation?
Even Applelites are fatigued from overdosing on the RDF.

Cry Wolf only goes so far...

~~~~~~~~~~
Live out your imagination, not your history.
~ Stephen Covey, author of the Seven Habits of Highly Effective People.

No legacy is so rich as honesty.
~ William Shakespeare, 1564-1616

As I get older, I've learned to listen to people rather than accuse them of thing.
~ Po Bronson, 1964-present

If the facts are on your side, pound the facts. If the law is on your side, pound the law. If neither is on your side, pound the table.

{Old lawyer saying}
Wow. I would never have considered a samsung but now i'm going to take a second look. Seriously, thanks for the heads up Apple.
0 Votes
+ -
--
Patanjali Updated - 18th Jan
Editing here is a $$#%^#%%!
0 Votes
+ -
We would never have heard about any of Samsungs patents if Apple hadn't started this war. I don't think Samsung really gives a #@*t about emoticons, but it is a backhanded joke about what Apple patents. - like saying "if you want to joke, let's get serious (sic)".

I think Samsung are more pragmatic when it comes to patents, many of which would have come out of the course of their R&D, just like IBM, HP, MS and many of the old school tech companies - practical solutions to practical problems. They are just generated as part of the process, but unless another company is causing real damage to Samsung's sales by using them, it is really a compliment. Perhaps that is how we should be treating patents.

The patent cross-licensing deal with MS probably recognises that they both have plenty of things they could fight over, but lets just write it off as expenses and get on with business, which is worth far more lucrative.

Apple has only a couple of handfuls of very successful consumer products, which has given it a good bank account, but which exposes it to significant risk if consumer whims take the market in another direction. While their product sales are still expanding, they are not at the rates others, like Samsung, are. This leaves them two choices: innovate or cut off their competitors' feet. But they have been cutting back on their R&D in recent years.

Samsung, with its diverified portfolio of successful consumer products, has many more feet than Apple, and so can afford to fight back, even against Apple's treasure chest, because it has one of it's own and an R&D budget to match, which makes it more likely to have more successful products in future.

Apple may have just bitten off more than it can handle by picking on Samsung. It is a very big gamble.
0 Votes
+ -
--
Patanjali Updated - 18th Jan
Now it duplicated the post!!!!

Join the conversation!

Formatting +
BB Codes - Note: HTML is not supported in forums
  • [b] Bold [/b]
  • [i] Italic [/i]
  • [u] Underline [/u]
  • [s] Strikethrough [/s]
  • [q] "Quote" [/q]
  • [ol][*] 1. Ordered List [/ol]
  • [ul][*] · Unordered List [/ul]
  • [pre] Preformat [/pre]
  • [quote] "Blockquote" [/quote]
ie8 fix

The best of ZDNet, delivered

ZDNet Newsletters

Get the best of ZDNet delivered straight to your inbox

Facebook Activity

White Papers, Webcasts, & Resources
ie8 fix