Apple to Samsung: Take your products off the market, period

Apple's latest response to Samsung in the patent wars is "no dealing". Get your offending products off the market.
Written by James Kendrick, Contributor

Patent litigation and licensing deals are all over the place in the mobile space. Everybody is playing the patent game to strike a deal with competitors so business can continue as always. Deals are common that provide both parties protection against one another, and hopefully against other competitors in the future. The latest salvo in the Apple/Samsung patent litigation makes it clear that this business as usual is not what Apple wants. It is sending a clear message to Samsung that its products infringe against Apple's intellectual property, and they must be removed from the market.

See: Mobile patent litigation: A game with too many playing cards

Apple has successfully asserted its patents in international court, and Samsung finally came to the table looking for a deal. The company had little choice, with courts upholding the notion that Samsung's Galaxy products infringe on Apple's. Injunctions are in place keeping the offending products off the market, and Samsung finally came to talk a deal with Apple.

Apple's response to Samsung was a firm no to the request that Apple allow the Galaxy Tab to launch in Australia in just a few weeks. Samsung's legal representative admitted that the company is "absolutely desperate" to get the product launched as planned. Apple's refusal to deal means the Tab won't be sold in Australia any time soon.

While many companies play the patent game to keep things going as usual, Samsung is learning the hard way that this is not the case with Apple. Apple clearly believes that Samsung's products infringe on its IP, and will not be satisfied with any result other then having the products removed from the market. No wheeling and dealing is desired, just get the infringing products off the market.

Apple is in a rare position in the mobile space in that it has a dominant position in the market, and it has plenty of cash on hand. It doesn't need to deal with anyone on a patent level, and it doesn't seem inclined to do so. The company is approaching the patent game from the viewpoint that its IP is in place to prevent other companies from selling products that infringe on its technology.

This is a more honest approach to the patent game, according to Twitter user @jonfingas. It is certainly the reason patents exist, although many mistakenly believe that companies should be compelled to license patented technology on demand. That's not the way it works, and Apple is showing Samsung.


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