Apple hits Samsung in court again

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14 October 2011 Last updated at 11:54 GMT Spot the difference: Apple and Samsung remain locked over the iPad and Galaxy devices Samsung's tablets infringe patents owned by Apple, a US judge has ruled.

However, she warned that Apple needs to prove the validity of those patents if it is to win an injunction preventing the sale of Samsung's Galaxy Tab.

The decision is the latest in a dispute which spans 20 cases in 10 countries, some of which have led to Samsung products being taken off the shelves.

Apple claims that the Galaxy range "slavishly" copies its massively-selling iPad and iPhone.

The Californian company has sought to ban the sale of the Galaxy S 4G smart phone and Galaxy Tab 10.1 tablet in the US.

A similar ruling in an Australian court led to a temporary sales ban on the tablet in that country.

US mobile networks have opposed Apple's request, saying it could affect sales of the products in the run up to Christmas.

California District Judge Lucy Koh ruled that while patents have been infringed, Apple must now show that its claim on those inventions is valid.

The disputed patents include three covering design - including the exterior look of the device - and a 'list scrolling patent' which relates to how users view documents.

Samsung argued that Apple's claims are invalid due to previously registered patents relating to design elements and functionality.

The company's attorney, Kathleen Sullivan, said her client "clearly raised substantial questions" and that the injunction bid should therefore be rejected.

But Apple argue that its own product's design is far superior to those which came before the iPad and iPhone, and so therefore its patents should not be invalidated.

At one point in the hearing the judge held both Samsung and Apple products up on the air and challenged the defence to whether they could identify which device was which.

Samsung attorney Ms Sullivan, who was roughly 10 feet away, responded: "Not as this distance your honour."

Another lawyer for Samsung correctly distinguished the two.

A spokesman for the South Korean company described Apple's claims as "groundless".

Apple spokeswoman Kristen Huget said: "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad.

"This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas."

Both companies have been locked in patent disputes since April, with each accusing the other of infringing various patents.

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TECHNOLOGY, Samsung and Apple Clash in Dutch Court

The legal battle between Apple and Samsung continued on Monday in a district court hearing in The Hague, Netherlands, during which the two companies argued the merits of four Samsung patents.
The patents are related to methods of managing the data connection and speed between a mobile station, such as a smartphone or tablet, and a network base station, and are presented as being standards-essential, which means they are incorporated in internationally accepted technology standards -- in this case 3G and UMTS.
Standards-essential patents are usually licensed under so-called Fair, Reasonable, and Non-discriminatory (FRAND) terms, which is what the hearing in the Dutch court on Monday focused on.
During a day of heated arguments, both companies tried to convince the court of their respective position.
Samsung wants Apple to pay for licensing the patents in question, and wants the court to issue an injunction banning the import and sales of Apple's iPhone 3GS, iPhone 4, iPad, iPad 2, and upcoming products until licensing terms are in place.
Samsung claims that it has tried to negotiate a licensing agreement in good faith but that Apple has sabotaged any serious negotiations, according to an IDG correspondent reporting from the courtroom.
Apple, on the other hand, did its best to undermine the importance of Samsung's patents and how they were disclosed, while also saying that Samsung isn't willing to agree on FRAND terms. The company also sees no reason for the court to slap it with an injunction since the two are negotiating a licensing agreement.
The judge is expected to present his ruling on whether Samsung has a case on October 14, according to a spokeswoman at the court.
Apple and Samsung are currently embroiled in a worldwide legal fight covering cases in Asia, Europe and North America.
The battle in the Netherlands heated up about a month ago when Apple won a ban on the shipping of three Samsung Galaxy smartphones to Europe as of October 13. Samsung saw the ruling as a victory because it was only related to photo management, and not the design of its smartphones.

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EU Court Backs Use of Rival Trademarks in Search Advertising

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Companies using their rivals' trademarks as keywords for search advertising can sleep a little easier following a European Court of Justice statement on Thursday that such use would not normally be construed as infringement.

The court was ruling on a case brought by international flower delivery service Interflora against British retailer Marks & Spencer after M&S purchased variations on "interflora" as keywords on Google's Adwords search advertising service.

Although it offered its views on whether such actions would constitute infringement, the European Court of Justice said that this particular case was up to the national courts to decide.

Nonetheless, the clarification of the scope of trademark protection online will be welcomed as this lawsuit was just the latest in a number of cases that have sought to define the limits of search-engine advertising under European Union law.

The court considered two functions of trademarks: to identify the origin of goods or services, and to establish reputation and customer loyalty. It said that the trademark's function of indicating origin is only "adversely affected where the advertisement displayed on the basis of the keyword search does not enable reasonably well-informed Internet users to ascertain whether the goods or services referred to originate from the proprietor of the trademark or from a third party."

However protection for trademarks with a reputation deals with "dilution" (detriment to the distinctive character of a trademark with a reputation) and "free-riding" (taking unfair advantage of the distinctive character or repute of the trademark).

The Court said that the selection without "due cause" of words identical to another person's trademark that has a reputation may be construed as free-riding. That is particularly likely to be the conclusion in cases in which the Internet advertisers offer goods which are imitations of the trademarked goods. But where the goods offered are not mere imitations and cause no detriment to the trademark's repute (tarnishment) such use falls as a rule within the lines of fair competition, the court said.

Follow Jennifer on Twitter at @BrusselsGeek or email tips and comments to jennifer_baker@idg.com.

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German court decision on Samsung WINS Apple tablets

1 of 2. File photo of an Apple iPad (L) next to Tablet devices Samsung Galaxy Guide in consumer electronics of Internationale Funkausstellung (IFA) fair in ' Exhibition Centre ' Messe Berlin in Berlin, September 2, 2010.

Credit: Reuters/Thomas Peter/FilesBy Nicola Leske

DÜSSELDORF, Germany | Fri 09/09/2011 11:29 EST

DÜSSELDORF, Germany (Reuters)-Apple Inc marked a symbolic victory in legal efforts to keep its leadership in the local market for computer Tablet PC when a German court upheld the ban blocking the local unit of Samsung sell their pills in the largest Galaxy 10.1 economy of Europe.

Samsung, which he said will appeal the decision, and Apple have been locked in a global battle of the smartphone and tablet patents since April.

Samsung Galaxy devices are seen as among the greatest challenging for Apple's portable products that have achieved great success.

Samsung said it was disappointed with the decision and that he believed the decision restricts design innovation and progress in the industry.

He said he would explore all legal options, including continuing to aggressively Apple so that Samsung said are a violation of their patents on wireless technology worldwide.

Craig Cartier, an analyst at consulting firm Frost & Sullivan, said that while Friday's decision would not affect greatly Samsung could set a precedent for other courts and have repercussions for patent battles around the world.

"There was an arms race in the world patent that led to a high value of patent portfolios, including the patent auction of Nortel's $ 4.5 billion," said Cartier.

"Companies can start questioning whether patent values are simply another bubble waiting to burst."

STILL FOR SALE

The injunction upheld by the Court on Friday bars Samsung Germany sell the tablet 10.1 Galaxy in Germany.

But retailers like consumer electronics chain Media Markt will still be able to sell existing stock device by selling or receiving new supplies of father of the South Korean Group Samsung international.

Media Markt said it was too early to say what the verdict would mean for your business.

Patent experts Florian Mueller said on his blog www.fosspatents.com that the prohibition of marketing in Europe for Germany Samsung has no practical consequences.

The German subsidiary is also prevented from selling the pills in Europe, excluding the Netherlands where Apple has requested a separate injunction.

Giving the ruling, judge Johanna Brueckner-Hofmann said in court in Duesseldorf that the overall impression of the tablet was very similar to Apple's iPad drawing.

Brueckner-Hofmann "(tablet) is distinguished by its simple, smooth areas," he said.

On the other hand, a Dutch Court ruled last month that not detected no violations of Samsung's pills.

Apple repeated his usual statement saying that: "this kind of blatant copy is wrong, and we must protect the intellectual property of Apple, when companies steal our ideas".

In a battle of global intellectual property, Apple claimed the Galaxy line of phones and tablets "faithfully" copied the iPhone and iPad and has sued the Korean company in the United States, Australia, Japan and Korea, as well as in Europe.

Samsung, whose tablets are based on Google's Android software, Inc-counter has sued Apple.

On Thursday, Apple also filed a lawsuit against Samsung in Japan, seeking a ban on sales of some of your gadgets there.

That same day, smartphone manufacturer HTC said it extended its lawsuit against Apple to include more patents the Taiwanese company Google acquired the legal battles have become increasingly common in the high tech industry.

(Additional reporting by Harro ten Wolde; Edited by David Holmes, David Cowell and David Hulmes)

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