Samsung has been getting hit pretty hard by Apple as of late; most recently through the delayed launch of their Galaxy Tab 10.1 following an Apple Lawsuit. Samsung is keeping their head up though. Nearly a month later, Australian Federal Court Justice Annabelle Bennett declared, “Unless Apple puts on evidence showing the impact in the U.S. or U.K., I can’t draw any positive assumptions.“ Quick on the heels of that remark, Samsung is now counter-suing Apple in Australia on grounds that the iPhone and iPad 2 violate Samsung patents. Samsung claims that both iPhone and iPad 2 “violate a number of wireless technology patents held by Samsung.” The suit is being filed ahead of the pending decision on whether or not to ban sales of the Galaxy Tab 10.1 in Australia. Samsung is also appealing the ruling in Germany.
International Data Corporation (IDC) just released worldwide data for tablet market share for the 2nd quarter 2011. In their last report overall tablet sales were lower than expected, but for the 2nd quarter, the performance was so strong, it has lead IDC to increase its outlook for the 2nd half of the year to 62.4 million units, up from the previous projection of 53.5 million units.
That is the good news. The bad news is that Android’s market share dropped to 26.8%, down from 34.0%. This is surprising to me as a lot of Android tablets were released in the 2nd quarter. During the 1st quarter of 2011, only the 3G version of the XOOM and the Galaxy Tab was available, and Android was able to grab a 34% market share. I doesn’t make sense. Either last quarter’s figures were wrong or this quarter’s is. RIM’s PlayBook grabbed 4.9%, and Apple rose to 68.3% from 65.7%.
Unfortunately IDC sees Android’s share continuing to drop to 23% and finishing the year at 25.9%. I am not in the business of analyzing data, but I find it difficult that Android’s tablet share won’t improve dramatically with all the tablets that are currently available, not to mention the upcoming Amazon tablet.
Full press release after the break:
Google has confirmed via spokesman Jim Prosser that the internet search giant purchased 1,023 patents from IBM on August 17th, a strategy aimed at fostering their defense in the long-fought patent war with Apple and Microsoft. This newest group of acquired patents will add to the 1,030 purchased from IBM back in July and over 17,000 patents that will come with the $12.5 billion deal that bought Motorola.
Prosser made no mention of the exact financial details or terms for the new patents and IBM had no comment at all, however Google’s remains quite exact and straightforward with their plan to fight the “hostile, organized campaign” against the free, open-source Android OS. Samsung, HTC and Motorola have each been engaged in patent-infringement lawsuits with Apple and Microsoft; to assist in the on-going battle, Google transferred nine patents to HTC just last month.
Phone Story has become a hot topic at the moment following its recent removal from the Apple App Store. Apple contacted the developer of the game explaining that they violated four rules for iOS app creation; its depictions of child abuse (code 15.2), objectionable or crude content (16.1) and promises to turn over a portion of the money to charity (21.1 and 21.2). Not to mention the fact that they probably felt the “Story” hit too close to home.
The game depicts a dark look at smartphone production, starting in the Democratic Republic of the Congo where the mineral coltan is mined by children and prisoners of war. The app then follows the production process to a Chinese factory where workers are subjected to abuse, discrimination, inhumane conditions, and forced overtime, ultimately leading to suicides. Next the story presents us with the hordes of oblivious consumers bombarding what is no doubt meant to portray an Apple store. I’m sure they didn’t appreciate that. Finally the story ends up in Ghana, Japan, & China where obsolete “recycled” phones have ended up to be salvaged using methods harmful to people and our environment, and from there the cycle repeats itself.
It is nice to see Android manufacturers being offensive once in a while. HTC recently dropped one on Apple with patents acquired from Google, and now Samsung is taking it to Apple in France.
Samsung filed a complaint against Apple in a Paris district court for infringement of three mobile phone technology patents dealing with the iPhone and iPad. We don’t know the specific patents, but they concern UMTS, which is a third generation (3G) mobile cellular technology for networks based on the GSM standard. The complaint targets Apple’s iPhone 3G and 3GS, iPhone 4, and both generations of the iPad.
The complaint was actually filed in July, and the first hearing will take place in December.
[via afp google]
Well isn’t this is interesting. We reported the other day that Apple was successful in getting the Galaxy Tab 10.1 banned in Germany, but it looks like there are some loopholes. It turns out that though Samsung Germany can no longer sell or advertise the Tab 10.1, this doesn’t apply to everyone else. This means that other retailers do not have to remove the device from their shelves and can continue to sell them. They will also be able to replenish their stock as long as the devices aren’t purchased through Samsung’s German branch. While this still poses a bit of a pain to reroute shipments from somewhere else, a retailer like Media Markt is simply rerouting their shipments from the Netherlands. So close, but still so far Apple. Nice try though. What do you all think about this?
The U.S. patent system will get its first major overhaul in 60 years. The senate voted 89-9 in approval of the America Invents Act, and President Obama said in his speech last night, “Today you passed reform that will speed up the outdated patent process so that entrepreneurs can turn a new idea into a new business as quickly as possible. That’s the kind of action we need.”
The goal is for streamlining the patent process, reduce costly legal battles, and provide the U.S. Patent and Trademark Office the funding it needs to process patent applications faster.
The United States is switching from the “first-to-invent” system to the “first-inventor-to-file” system which puts us in line with other industrialized countries.
Small investors are concerned as they feel they will now be at a disadvantage with big corporations. Supporters are concerned with costly lawsuits in which companies are arguing and trying to prove who the first inventor is.
Back in August, A Dusseldorf issued a preliminary injunction on the Samsung Galaxy Tab 10.1. It was originally for all of Europe (minus the Netherlands), but later changed to just Germany.
Today, the same court upheld that injunction which means the Samsung Galaxy Tab 10.1 is banned from any sales in the country. Presiding Judge Johanna Brueckner-Hofmann said the following when delivering the verdict:
“The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible. For the informed customer there remains the predominant overall impression that the device looks like the design Apple has protected in Europe.”
The judge said the court didn’t compare the Galaxy Tab 10.1 with the actual iPad, but instead focused on a design Apple filed with the European Union intellectual property agency in Spain.
It’s just another day in the Android world and that means another lawsuit. Today’s news is out of Japan where Apple is suing Samsung seeking suspension of the Galaxy S, Galaxy S II, and the Galaxy Tab. The first hearing took place yesterday in the Tokyo District Court. Of course it is no surprise that the Galaxy S outsold the iPhone from January-March.
Apple and Samsung are involved in suits in the U.S., Australia, Korean, and Europe. Samsung filed a suit against Apple in Japan in April, but Apple countersued on August 23rd. Apple is seeking 100 million yen ($1.3 million) in damages and a sales ban.
Lately it seems as though HTC has been on the offense with some lawsuits against Apple. Last month HTC sued Apple claiming infringement on three patents. Today they went after Apple again, this time using patents obtained by Google.
Google obtained these patents over the past year which originated from Motorola, Inc., Openwave Systems, Inc., and Palm, Inc. Google transferred them to HTC on September 1st, nine in total
HTC is claiming Apple infringed on four patents that were originally from Motorola. This was filed today in federal court in Delaware. They also amended the complaint from last month with the U.S. International Trade Commission claiming infringement of three patents, originally from Openwave, and two patents, originally from Palm.