Samsung attempts to block sales of Apple's iPhone 4S in Japan, Australia
Despite a recent legal setback in the Netherlands, Samsung is pushing forward with its legal attack against Apple's recently launched iPhone 4S, with a pair of new lawsuits looking to block the sale of the device in Japan and Australia.
As noted by The Wall Street Journal on Monday, preliminary injunctions were filed by Samsung in the Tokyo District Court and in the New South Wales Registry in an effort to halt sales of the newly launched iPhone 4S. Also included in Samsung's complaint are the iPhone 4 and the iPad 2.
The latest legal action follows attempts earlier this month by Samsung to block sales of the iPhone 4S in France and Italy. Those complaints were filed just a day after the iPhone 4S was announced, and before the handset even went on sale.
That Samsung is hoping to bar sales of the iPhone 4S for alleged patent infringement in Japan and Australia is also noteworthy because those are two of the initial launch countries for Apple's latest smartphone. In addition to those two, the iPhone 4S debuted last Friday in the U.S., Canada, France, Germany, and the U.K., racking up four million sales in its first three days.
Samsung's attempts to block the sale of Apple devices have faltered thus far. Last week a Dutch judge refused Samsung's request to halt sales of the iPhone and iPad in the Netherlands.
While Samsung's complaints have failed to gain traction, Apple has successfully won bans on the Galaxy Tab 10.1 in both Germany and Australia. Each company has accused the other of infringing on patented inventions, and the ensuing lawsuits filed by both companies span across the globe.
Though the legal battle between Samsung and Apple continues to grow, Samsung remains a key supplier of Apple's and builds its custom A5 processor found in the iPad 2 and iPhone 4S. One report from earlier Monday claimed that Apple plans to stick with Samsung as the primary assembler of its anticipated "A6" chip, expected to arrive in a third-generation iPad in the first half of 2012.
As noted by The Wall Street Journal on Monday, preliminary injunctions were filed by Samsung in the Tokyo District Court and in the New South Wales Registry in an effort to halt sales of the newly launched iPhone 4S. Also included in Samsung's complaint are the iPhone 4 and the iPad 2.
The latest legal action follows attempts earlier this month by Samsung to block sales of the iPhone 4S in France and Italy. Those complaints were filed just a day after the iPhone 4S was announced, and before the handset even went on sale.
That Samsung is hoping to bar sales of the iPhone 4S for alleged patent infringement in Japan and Australia is also noteworthy because those are two of the initial launch countries for Apple's latest smartphone. In addition to those two, the iPhone 4S debuted last Friday in the U.S., Canada, France, Germany, and the U.K., racking up four million sales in its first three days.
Samsung's attempts to block the sale of Apple devices have faltered thus far. Last week a Dutch judge refused Samsung's request to halt sales of the iPhone and iPad in the Netherlands.
While Samsung's complaints have failed to gain traction, Apple has successfully won bans on the Galaxy Tab 10.1 in both Germany and Australia. Each company has accused the other of infringing on patented inventions, and the ensuing lawsuits filed by both companies span across the globe.
Though the legal battle between Samsung and Apple continues to grow, Samsung remains a key supplier of Apple's and builds its custom A5 processor found in the iPad 2 and iPhone 4S. One report from earlier Monday claimed that Apple plans to stick with Samsung as the primary assembler of its anticipated "A6" chip, expected to arrive in a third-generation iPad in the first half of 2012.
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HTC loses early US decision vs Apple
http://www.chicagotribune.com/busine...,0,40277.story
Is samsung going crazy?
Not really. They are so big that they don't care if one Samsung division harms another.
Is samsung going crazy?
Not sure if it's crazy, but one definition of neurotic is "performing the same action(s) repeatedly and expecting different results and/or outcomes"..
and the iPhone is infringing on Samsung patents but only in Australia and Japan.
did i get that right?
So the Samsung Galaxy Tab is infringing on Apple patents but only in Australia and Germany
and the iPhone is infringing on Samsung patents but only in Australia and Japan.
did i get that right?
Well, patents are not a global thing. You need to apply in each country and/or region. As a consequence you can have a patent in one part of the world which is not valid in another. If you didn't apply for it to all patent offices there is in the world for example.
So the Samsung Galaxy Tab is infringing on Apple patents but only in Australia and Germany
and the iPhone is infringing on Samsung patents but only in Australia and Japan.
did i get that right?
Samsung infringes everywhere. Litigation continues. It just takes time.
Well, patents are not a global thing. You need to apply in each country and/or region. As a consequence you can have a patent in one part of the world which is not valid in another. If you didn't apply for it to all patent offices there is in the world for example.
Yeah I get that - and of course litigation costs money - and you have to start somewhere - and once a precedent is established then it makes it easier going forward and maybe even summary decisions rather than and ongoing process of hearings etc.
So the Samsung Galaxy Tab is infringing on Apple patents but only in Australia and Germany
and the iPhone is infringing on Samsung patents but only in Australia and Japan.
did i get that right?
Not quite. So far the only rulings that have taken action are in the cases against Samsung. All the other cases are simply allegations that are not proof of infringement. Unless you are asking a different question about whether the companies are saying that the patents are only infringing in those countries. Which is obviously not the case. As a company makes more headway they have larger precedence to move into tougher markets and continue to make their case. Apple is ahead of Samsung so far for infringement rulings and if it goes well in the next countries I expect them to proceed until Samsung either removes the infringing tech or pulls the product by themselves. Either way, this has been a very interesting case to watch.
Yeah I get that - and of course litigation costs money - and you have to start somewhere - and once a precedent is established then it makes it easier going forward and maybe even summary decisions rather than and ongoing process of hearings etc.
Sure. I would imagine that they may value their chances of success and choose battlefields accordingly. But I would imagine that if the patents are roughly the same courts would glance at each other and come to similar conclusions. Not guaranteed but possible if not even expected.
And just as in the US where the courts in different states may have a tendency to lean in different directions and deal with the stuff in different speeds, maybe they expect these countries to also be faster and more favorable in some way.
Samsung so far failed in Europe as far as I know. And countries in Europe do have a system where patents should be valid in all countries if valid in one country. Thus they also listen to each other and ruling will apply accordingly. Australia and Japan is probably independent and still up for grabs I guess.
Not quite. So far the only rulings that have taken action are in the cases against Samsung. All the other cases are simply allegations that are not proof of infringement. Unless you are asking a different question about whether the companies are saying that the patents are only infringing in those countries. Which is obviously not the case. As a company makes more headway they have larger precedence to move into tougher markets and continue to make their case. Apple is ahead of Samsung so far for infringement rulings and if it goes well in the next countries I expect them to proceed until Samsung either removes the infringing tech or pulls the product by themselves. Either way, this has been a very interesting case to watch.
yes of course I meant Allegedly Infringing.
my real question is why only two countries and are the claims for the same product? a given Apple product infringes on Samsung patent used in a given product as claimed by Samsung and the same Samsung product is infringing on different patents that Apple owns on the Apple product?
or in other words are the counter claims unrelated expect they happen to involve the same two companies - or is it more completed than that? or is someone trying to make it more complicated than it needs to be
Yeah I get that - and of course litigation costs money - and you have to start somewhere - and once a precedent is established then it makes it easier going forward and maybe even summary decisions rather than and ongoing process of hearings etc.
Apple has filed suits in all major countries/markets. The court dates are set in advance on rulings.
The US ruling is to fall any day now.
No court in their right mind will ban Apple products from sale in their country. There will be rioting in the streets.
That is actually a really good point. Never even considered it.
I will _never_ knowingly buy any Samsung product again and I will make sure anyone i know never does too. Of course i will make an exception for Apple products
Do people often ask you for advice when they buy gadgets?
Yeah I get that - and of course litigation costs money - and you have to start somewhere - and once a precedent is established then it makes it easier going forward and maybe even summary decisions rather than and ongoing process of hearings etc.
I'm sure it somewhat influences a court's decision, especially if the precedent was set in a country with a similar legal system. However, this isn't done under international law. Each country, even those with similar legal systems, has different laws, and may view IP differently.
Apple was plugging away for years while everybody ignored Mac users.
I was continually hoping that Samsung would make their products more compatible with my Macs when I had no choice and bought their phones. Instead Samsung chose to ignore my pleas and those of many other Mac users to make their products work with the Mac OS. All I wanted was to be able to sync my contacts with my Mac instead of with a Windows PC!
I hope competitors who chose to do what was easy instead of what was best for all of their customers continue to loose market share. They are getting their just reward by getting killed in the marketplace.
Apple deserves to win in a big way. The fact is that they are winning and will continue to do so because they create what the market wants. It's as simple as that.