Patent Infringement Books

Thursday, November 17, 2011

Apple loses ground in patent infringement suits in Europe

By: NVO1
Source: http://nvonews.com



Apple has recently received some letdowns in its patent infringement suits against its rivaling technology makers, especially Samsung Electronics in Europe. The Cupertino technology maker has been in intense legal battle with Samsung for a while. The company has cited that Samsung’s Galaxy Tab 10.1 and Galaxy S II are designed copying the very form of its iPad 2 and iPhone 4. The fight kicked off in the middle of the year with some initial success for Apple as a German court banned shipping of Galaxy Tab 10.1 firstly in the entire continent and later in Germany only. Courts in the Netherlands, Spain and Australia also had judgments in favor of Apple. In Australia, the official release of Galaxy Tab 10.1 was delayed indefinitely.

The new developments

However, recently Apple has been receiving failures in its lawsuits against Samsung, Motorola and startup firms like NT-K. Samsung has succeeded in convincing the courts that Apple also uses many of its patents to build products like iPhone, iPad and MacBook Air. Last week, a court in Mannheim, Germany rejected Apple’s claim that most of Samsung patents fall under FRAND, “fair, reasonable and non-discriminatory” rule. It is an exemption for technology companies to use common technologies, which are essential for a product.

In another disappointing development for Apple, a district court in Spain upended its injunction to put ban over the sale of tablets from a mid-sized firm, NT-K. The court rejected Apple’s claim that NT-K copied the designs of iPad to develop its tablet. In another case, the Mannheim court early this month directed Apple to make compensatory payments to Motorola for copying its communications patents in its products.

Why Apple is always a petitioner

Is Apple taking lawsuits as a marketing tool? The company used to raise patent infringement suits against all of its rivals mainly Samsung, HTC and Motorola every now and then. In the first half of the year, the iPhone maker filed suits against HTC, Motorola and Samsung many times. HTC and Motorola were mainly challenged in the U.S with complaints at the International Trade Center. But, both HTC and Motorola cloud silence Apple with countersuits for Apple’s patent infringements of their technologies.

The smartphone and tablet markets are quite brisk these days. Companies introduce fresh products almost every day. Apple and Samsung are certainly the poster children with some astonishing products. Most often, it is like that Apple introduces a product with much hype and fanfare. Remember the cases of iPhone and iPad’s releases. The devices were introduced respectively in 2007 and 2010 with large media attention. But soon after the launch of Apple products, Samsung and other product makers like HTC, Motorola and Dell roll out the same products with slight changes in design.

Take tablet computer as the best example to understand the situation. Apple announced the world’s first full-fledged multimedia tablet called iPad in the last week of January, 2010. The device landed in stores in a couple of months. But soon after that, we happened to learn that Samsung is also coming with a similar tablet on Google Android. Later, there was a flood of tablets from companies like Research In Motion, Asus, HTC, Dell and many others. It is here we have to witness lots of copyright and patent infringement suits. Companies file lawsuits against the rivals to win over them for market share and popularity.

Apple vs. Samsung

Apple’s lawsuits against Samsung and vice versa will be of one much discussed topics on the web. However, the most recent legal battles in Europe and Australia gained far more attention, because the products on question were Galaxy Tab 10.1 and Galaxy S II, two outstanding products the world has ever seen. In reply to Apple’s continuous lawsuits, Samsung used to fight with similar suits.

Anyway, it is the best time to remember what HTC advised Apple mid this year. The Taiwan technology maker advised Apple concentrate more on its product designing and marketing rather than running over its competitors, who certainly work on far more brilliant products.


Source: http://nvonews.com/2011/11/17/apple-loses-ground-in-patent-infringement-suits-in-europe/

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