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German court stays Apple lawsuit against Samsung, postpones another

post #1 of 9
Thread Starter 
The Mannheim Regional Court on Friday has suspended an Apple lawsuit against Samsung over a photo viewing patent and has postponed ruling on a pinch-to-zoom case which was scheduled for judgment today.

Judge Andreas Voss stayed the suit that claims Samsung infringed on a photo gallery page-flipping patent in lieu of the conclusion to a concurrent invalidation proceeding at the Federal Patent Court, reports FOSS Patents' Florian Mueller.

Mueller notes that regional courts in Germany stay patent infringement suits only if the defendant demonstrates a high probability of the property being invalidated.

In the suit, Apple is asserting European Patent 2059868 on a "portable electronic device for photo management," which covers the manipulation of digital objects on a screen with a physical object such as a finger.

The patent was successfully used against Samsung in 2011 Dutch case that saw the European ban of infringing products Galaxy S, Galaxy S II and Ace. Motorola was also hit by the patent in March in a Munich proceeding that resulted in the injunction of a number of devices. Both Samsung and Motorola have since found workarounds to the photo-viewing solutiion.

Apple's Mannheim suit may not be a knockout blow to Samsung or Android, but a win would further delineate the user interface differences between iOS and Google's OS.

"All of these Apple patent lawsuits are increasingly making (and maintaining) a difference," Mueller writes. "However, since those patents aren't standard-essential, they don't have the one-bullet-to-kill effect touted by Motorola."

Mueller is referring to certain wireless FRAND patents held by Motorola that, if successfully leveraged against competitors, could cause significant financial setbacks to an infringing company. One of the most prominent cases of fallout from these standard-essential patent claims is the current ban on Apple's iCloud push services in Germany.

Photo Viewing Patent
Illustration of photo viewing in Apple Patent EP2059868. | Source: espacenet.com


The Mannheim court had a separate Apple vs. Samsung case involving a pinch-to-zoom patent scheduled for ruling on Friday, but that suit was suspended until next week due to internal delays.

Apple and Samsung are slated to meet for court-mandated settlement talks on May 21-22 which could bring some resolution to the worldwide patent battle between the two electronic giants that now spans over 10 countries.
post #2 of 9
Quote:
Originally Posted by AppleInsider 

Apple and Samsung are slated to meet for court-mandated settlement talks on May 21-22 which could bring some resolution to the worldwide patent battle between the two electronic giants that now spans over 10 countries.

 

 

It might be best for all if a global settlement can be reached.  This multi-suit strategy has got to be expensive, especially in terms of executive time and attention.

post #3 of 9
Quote:
Originally Posted by I am a Zither Zather Zuzz View Post

 

 

It might be best for all if a global settlement can be reached.  This multi-suit strategy has got to be expensive, especially in terms of executive time and attention.

Naw, Apple's management is not caught up in this cat fight. Their legal team is slugging it all out. THis will be a single line on the report from legal to the board. 

 

Apple needs to do this to make competitors wary of stepping on Apple's IP. The extra caution slows down their development and forces them to take second thoughts about how their products look and feel compared to Apple. Few manufacturers want to piss off Apple if they can afford it because Apple has served notice that they won't avoid a fight. In fact, when in doubt, will sue. 

 

While people who follow Apple's legal action closely may feel there is too much litigation, the general public is more aware of Snookie's love life than Apple's litigation life.

post #4 of 9

Dear Apple,

 

We are currently reviewing an app lawsuit that you submitted for inclusion on the App Store, and want to let you know that the review process will require additional time. We apologize for the delay and will provide you with an update on the status of your app lawsuit as soon as possible.

post #5 of 9
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
post #6 of 9

German courts bias against Apple. It shows in all of there rulings. The courts there aren't about who's right, its about going against anything Apple product based. Samsung is a copycat, every court in the world has ruled against them for that very fact except Germany.

post #7 of 9

Oh and Apple can afford the delays with 110 billion dollars in the bank collecting interest they will have plenty of money to keep fighting so the delay is beneficiary to Apple in that regard.

post #8 of 9
Quote:
Originally Posted by AppleInsider View Post

Mueller is referring to certain wireless FRAND patents held by Motorola that, if successfully leveraged against competitors, could cause significant financial setbacks to an infringing company. One of the most prominent cases of fallout from these standard-essential patent claims is the current ban on Apple's iCloud push services in Germany.

I hadn't heard any commentators assert that Motorola's so-far auccessful injunction against Apple's iCloud push services was over a FRAND-encumbered standard-essential patent.

post #9 of 9
Quote:
Originally Posted by lfmorrison View Post

I hadn't heard any commentators assert that Motorola's so-far auccessful injunction against Apple's iCloud push services was over a FRAND-encumbered standard-essential patent.


As far as I know it's not FRAND-pledged. Some would just like you to think it is.

 

From ArsTechnica:

"It's worth noting that Motorola's pager syncing patent isn't related to 3G wireless standards, so the injunction can't be overturned by a FRAND licensing defense. In other words, Motorola isn't legally required to license this patent for fair, reasonable, and non-dicriminatory (sic) terms."

http://arstechnica.com/apple/news/2012/02/motorola-enforces-german-injunction-against-icloud-push-e-mail.ars

melior diabolus quem scies
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melior diabolus quem scies
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