Editor in Chief
- Jan 5, 2011
Things are looking pretty grim for Samsung in their ongoing legal trouble with Apple. They were recently dealt three serious legal blows in cases around the world.
First, the Judge in the Australia case ruled that Samsung's Galaxy Tab 10.1 was infringing on Apple patents and banned all sales of the device in Australia. Here's a quote from the Sydney Morning Herald with Samsung's response to the defeat,
Second, the last part of Samsung's statement segues into their next defeat. A dutch court just turned down Samsung's counter-suit to ban sales of certain Apple products (although it did reject Apple's counter-counter-claims). Here's a quote from the Engadget article,In a statement, Samsung Electronics said it was disappointed with the ruling and would be seeking legal advice on its options.
"Samsung will continue its legal proceeding against Apple's claim in order to ensure our innovative products remain available to consumers," it said.
"This is a part of our ongoing legal proceeding against Apple's claim. Samsung is also confident it can prove Apple's violation of Samsung's wireless technology patents through a cross-claim filed on September 16, 2011 with the Federal Court of Australia, New South Wales.
"Our wireless standard patents are essential for mobile business. We will continue to legally assert our intellectual property rights against those who violate Samsung's patents and free ride on our technology."
Third, it looks like things are actually starting to turn bad for Samsung here in the United States too. United States District Judge Judy Koh, ruled just yesterday that the Galaxy Tab 10.1 does infringe upon some of Apple's patents. Furthermore, she took it a step further with a demonstration of the similarity of the devices. Here's a quote from the BGR article describing the demonstration,According to Reuters, a Dutch court has turned down Samsung's request for a ban on certain Apple products, and rejected claims that they infringe on Samsung's patents (it also rejected Apple's counterclaims in the case). The particular patents in question here are not related to software or the design of the devices, as in other cases, but rather their 3G capabilities, which Samsung had claimed Apple was infringing on with the various iterations of the iPhone and iPad.
Interestingly, the only bright spot was that Judge Koh chose not to order an injunction blocking sales of the tablet in the States. She indicated that Apple must first establish the validity of the patents in question.The preliminary hearing took an interesting turn, Reuters reports, when judge Koh held both tablets above her head and asked Samsung attorney Kathleen Sullivan if she was able to distinguish one from the other. “Not at this distance,” Sullivan replied, reinforcing Apple’s claim that Samsung’s tablet is a “copycat” device. Another Samsung attorney was able to distinguish Samsung’s tablet from the iPad.
What do you guys think of these reports? It seems like dire news indeed for Samsung. It appears that Apple's attempt to hinder sales of the Samsung device this holiday season could prove successful, and that may have been their primary intent all along.
Source: GalaxyForums.net and Android.net via Sydney Morning Herald and Engadget and BGR and Reuters