Things are really getting juicy between Apple and Samsung in Australia as Federal Court Justice Annabelle Bennett ruled that Apple must now provide Samsung with copies of contracts with Australian cellphone carriers.
If you wil remember, Samsung has sued Apple in Australia claiming that the iPhone and the iPad infringe on patents that the company holds for various wireless technologies. Samsung asserts that Apple forces carriers to subsidize iPhone sales and is requesting contracts from Vodafone, SingTel, and Telstra if the two mobile giants can’t come to an agreement on said accusation. Apple’s lawyer Andrew Fox told the judge that “We will resist any attempts by our friends to push us into a corner,” and “This is quite clearly a fishing expedition,” and that Apple will do its best to prove that this is just another way for Samsung to find other damaging evidence.
However, Apple has already managed to ban Australian sales of the Galaxy Tab 10.1 and the two continue ongoing lawsuits in Japan, Germany, france and the United States. Earlier this month, Samsung also requested the iPhone 4S source code and was given 220 pages of code, but was mysteriously missing one file.
The international patent debacle got a little spicy yesterday when FOSS Patents reported that Motorola Mobility had actually won a German injunction against Apple that could potentially prevent them from selling Apple products in Germany. Apple has since issued a statement confirming the injunction, but before you go getting all excited, a little bit of research reveals the outcome may not actually be as it appears.
By now I assume you are getting as tired as we are hearing about the ongoing legal battles between Apple and Samsung. It was only yesterday that the iPhone 4s was officially announced and today Samsung already confirms that they will file two preliminary injunctions requests in Paris and Milan.
Samsung aims to ban iPhone 4s sales in France and Italy claiming that Apple’s new device infringes upon two patents related to WCDMA standards for 3G devices. Don’t think for a minute that Samsung will stop there, the manufacturer claims that they plan to pursue similar actions in other countries, as well. Samsung released a statement saying, “Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology”, and continues with, “We believe it is now necessary to take legal action to protect our innovation”. No word yet from Apple about the proposed preliminary injunctions, but you can be sure that they wont take this lightly. The battle has just begun over which countries will be allowed to sell the iPhone 4s.
Do you think Samsung has the right to ban the sale of Apple’s new device?
On Wednesday, September 28th, T-Mobile joined forces with Verizon and filed an amicus brief in the Apple vs. Samsung case over the design of the Galaxy line of tablets and phones. The original suit was filed in April and covers seven utility patents, three design patents, several iOS app icons, and a number of design aspects of the iPhone, iPod Touch, iPad, and product packaging. Wether or not the court would hear arguments from the two major carriers was a concern and ultimately a decision made only by the judge.
Last Friday, despite rebuttals from Apple, judge Lucy H. Koh decided that the court will in fact review the briefs submitted by Verizon and T-Mobile. Koh even denied Apple’s request to be heard in court regarding the newly approved amicus. The briefs are in Sammy’s favor and will luckily be considered during the proposed preliminary injunction in which Apple could ultimately seek to ban the import of select Samsung devices.
In the meantime, Apple and Samsung will battle in court and Koh’s decision on the injunction will follow on October 13th. It’s hard to say if Verizon and T-Mobile’s input will help to avoid the proposed injunction, but it’s nice to know that someone has Samsung’s back.
How would you feel if your precious Sammy devices were banned from entering the U.S.? Feel free to let us know in the comments below.
Before I report this news for you, I want to point out one of the patents in question here in case you’ve missed it. U.S. Patent No. 5,946,647 involves the following. When you receive an incoming message on your iPhone containing a phone number, web link, e-mail address, or street address, this information is highlighted and turned into a link that you can tap. This tap in turn performs an action like opening the web link in Safari or asking if you would like to dial the phone number. That’s weird because I would have thought tapping a phone number should open your music player. Surely, who ever implemented that process on Android must have stolen it from Apple. Just food for thought since this is one of many patents Apple says HTC is in violation of.
Newly introduced into Apple’s patent infringement case against HTC involves Andy Rubin, co-founder of Android Inc. Apple is alleging that Rubin took inspiration for Android’s framework from APIs he supposedly encountered while working for Apple in the early 90s. Hit up the break for more.
Here we go again. We have more news about Apple possibly tampering with image evidence against Samsung, this time pointed at the Samsung Galaxy S. Just this past Monday we reported that altered images were submitted to a German court by Apple. The image showed the Galaxy Tab 10.1 dimensions were changed to match the iPad. In this new report, an image submitted to a Netherlands court by Apple presents the Galaxy S as the exact same height as the iPhone 3GS (though the image of the Galaxy seems to be only reduced in size).
If all the tampering is true, it’s completely ridiculous in 2011 to think altering images would go unnoticed. As our own Robert Nazarian mentioned in his post linked above, there is no question the physical devices themselves will be presented. I would hope that the courts will not stand for any of this, but I’m sure there will be plenty of BS to cover the reasons behind the images. What do you think the repercussions will be for this if any? Hit us up in the comments.
Apple is at it again, with another lawsuit against Samsung for allegedly copying the iPhone’s design with some of their Galaxy S family of devices, this time the suit is made in South Korea. This comes after the heated stories a couple months back about Apple doing the same thing, and Samsung slapping them back with 10 patent infringements of their own.
Since April, Apple has been gathering more information and adding it to their claims that Samsung has copied more specifically, the 3rd gen iPhone in design with the Galaxy S, and added the Droid Charge, Infuse 4G, Nexus S 4G, Galaxy Tab 10.1, the Galaxy S II, and a fistful of other devices. This likely won’t amount to much, but you never know…Apple did just get awarded a touchscreen patent, so stranger things have happened.
It looks like after a long drawn out battle of years and years of suing and counter suing, Apple and Nokia have finally reached an agreement. Both companies have agreed to withdraw all complaints against each other and Apple will gear up its wallet to pay out one lump sum to Nokia in addition to paying royalties for the remainder of the agreement. Nokia’s Stephen Elop had this to say:
“We are very pleased to have Apple join the growing number of Nokia licensees,” said Stephen Elop, president and chief executive officer of Nokia. “This settlement demonstrates Nokia’s industry leading patent portfolio and enables us to focus on further licensing opportunities in the mobile communications market.”
Don’t we wish all settlements could end like this one? Let us know what you think in the comments below. Hit the break for the full press release, if you’re a press release kind of person.
Paul Allen, the co-founder of Microsoft, has filed a suit this week against Apple, Google, Facebook, AOL, Netflix, Yahoo, and several others claiming patent infringement. Allen filed this suit on behalf of his old company Interval Licensing LLC, which is no longer in business. He claims, however, that they hold various patents that are “fundamental to the ways that leading e-commerce and search companies operate today.”
What does that mean, exactly? Allen’s claim is that Interval patented “technologies that display related content, provide unobtrusive on-screen alerts, and recommendations based on preference or online activity.” His stance is that AOL’s ‘related links’ falls into this category, as does Facebook informing you via news feed what your friends are watching and playing, and Netflix’s recommendations based on your ratings of movies you’ve watched. Also, the alert systems used by AOL, Yahoo IM, Apple, and the Android mobile OS are being targeted as infringing.
This suit was originally filed back in August, but the judge threw it out the first time, needed more specifics. Well Allen has now re-filed, and we’ll have to wait and see how the courts view the case this time around.