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Full Analysis of Apple and Samsung Litigations

| 19/09/2012 |

Samsung files new lawsuit against Apple in S. Korea

By Kelly Hodgkins

 

On the day of Apple's expected iPad announcement, Samsung has confirmed it filed another lawsuit against Apple claiming the iPad 2 and the iPhone 4S infringe on three of its patents. This latest round of litigation was filed in Korea, Samsung's home country. According to the Reuters report, the suit covers three patents involving the user interface, short text messages and how a device displays data. This is one of over 30 lawsuits filed between the two companies.

Tuaw.com 

 

Samsung files fresh lawsuit against Apple in South Korea

 

(Reuters) - Samsung Electronics Co said on Wednesday it has filed another lawsuit against Apple Inc in South Korea, claiming the iPhone 4S and iPad2 infringed on three of its patents.

The move escalates the tension between the firms as they vie for dominance of the mobile device market, after a series of legal clashes in Australia, Germany, and the Netherlands.

Samsung said the fresh suit, filed on Tuesday to a Seoul court, covers three utility patents and involves methods of displaying data, the user interface, and short text messages.

The companies have extended their fight to more than 30 cases in 10 countries since Apple fired its first salvo in April, claiming Samsung "slavishly" copied its iPhone and iPad models.

Samsung counter-sued, saying Apple infringed on its patents and failed to pay royalties.

Apple is also involved in patent battles in separate disputes with other smartphone makers using Google's free Android platform, the fastest growing mobile operating system, which is used by Samsung, Motorola Mobility Holdings and HTC Corp.

(Reporting by Miyoung Kim; Editing by Daniel Magnowski)
 

Apple expands Australian lawsuit against Samsung with 278 new claims

By Kelly Hodgkins

 

Apple stepped up its legal campaign against Samsung by expanding its Australian lawsuit to include 278 new claims which cover 22 patents and ten devices. The original suit, filed last year, targeted only the Galaxy Tab 10.1, which Apple claimed violated less than five of its patents.

Samsung lead barrister Neil Young spoke to The Australian, and said Apple "enormously" expanded its legal claim against Samsung. He confirmed the Korean company was given "days notice" of this expanded claim and may need until mid-May to prepare properly for its defense.

Last December 2011, the case took a turn in favor of Samsung when a judge overturned Apple's injunction banning the sale of the Galaxy 10.1 tablet. Samsung was able to obtain this reversal just in time to catch the end of the holiday shopping season.

Tuaw.com

  

Apple/Samsung mediation set for May

By Kelly Hodgkins

 

Apple and Samsung are fighting a multi-year, multi-country patent battle which includes over 50 different lawsuits. To try to end this fracas, the two companies are meeting on May 21 and 22 in San Francisco to discuss a settlement, according to a report in AllThingsD. Besides a possible agreement, each side must provide the US judge, who ordered this mediation, with "a candid evaluation of the parties' likelihood of prevailing on the claims and defenses."

Tuaw.com

 

German court halts Apple's second slide-to-unlock case against Samsung

By Kelly Hodgkins

 

The Mannheim Court in Germany has delayed Apple's second slide-to-unlock case against Samsung, says FOSS Patents. During this pause in proceedings, the German Patent and Trademark Office is examining the validity of Apple's slide-to-unlock utility model.

A utility model is a quickly-approved patent that's not presumed by the court to be valid because it hasn't been fully examined by the patent office. Now that Apple is asserting it in a lawsuit, the patent office is taking a closer look at the patent and Apple's claims. This review process takes time and other appeals could delay a final ruling in this slide-to-unlock case. 

Apple wins discovery ruling in dispute with Samsung

By Megan Lavey-Heaton

 

Business Insider reports that Apple has won a round against Samsung in court. A California court ruled Monday that Samsung failed to produce documents referencing Apple's designs and features. U.S. Magistrate Judge Paul S. Grewal said Samsung violated multiple court orders by not doing this. This particular suit challenges Samsung 4G smart phones and the Galaxy Tab 10.1.

Apple and Samsung have filed at least 30 suits against each other spanning four continents since April 2011, Business Insider states. The most recent of those suits was filed on April 19, when Samsung accused Apple of infringing on eight patents. At least 14 of those lawsuits were filed in Germany.

 

Apple approached Samsung in attempt to avoid litigation

By Kelly Hodgkins

 

Last year Apple lawyer Richard Lutton said Steve Jobs contacted Samsung prior to any legal skirmish and tried to give Samsung the "chance to do the right thing."

Spotted by The Verge, a recent filing by Apple in a California Federal Court confirms that Apple met with Samsung four times between July and September 2010. During these meetings, Apple warned Samsung about its trade dress and patent infringement concerns well before it filed suit in April 2011. 

 

Samsung claims Apple is infringing on eight patents in California documents

By Kelly Hodgkins

 

Executives from Samsung and Apple may be sitting down to discuss patents and infringement, but the legal battle between the two companies is far from over. According to a report from FOSS Patents, Samsung accused Apple of infringing on eight patents in a California lawsuit filed last Wednesday. Rather than target only mobile devices in this suit, Samsung took out the big guns and is aiming at iPhones, iPads, Mac computers, Apple TV, iCloud and iTunes.

 

 

Samsung Sues Apple In South Korea Over iPhone 4S and iPad 2 Patent Infringement


SEOUL (Reuters) - Samsung Electronics Co said on Wednesday it has filed another lawsuit against Apple Inc in South Korea, claiming the iPhone 4S and iPad2 infringed on three of its patents.


The move escalates the tension between the firms as they vie for dominance of the mobile device market, after a series of legal clashes in Australia, Germany, and the Netherlands.


Samsung said the fresh suit, filed on Tuesday to a Seoul court, covers three utility patents and involves methods of displaying data, the user interface, and short text messages.

The companies have extended their fight to more than 30 cases in 10 countries since Apple fired its first salvo in April, claiming Samsung "slavishly" copied its iPhone and iPad models.


Samsung counter-sued, saying Apple infringed on its patents and failed to pay royalties.

Apple is also involved in patent battles in separate disputes with other smartphone makers using Google's free Android platform, the fastest growing mobile operating system, which is used by Samsung, Motorola Mobility Holdings and HTC Corp.

(Reporting by Miyoung Kim; Editing by Daniel Magnowski)

 

Full Analysis of Apple’s Lawsuit against Samsung

 

As we saw in the article about iPod touch, iPad and iPhone sales, Nilay Patel’s rundown of the Apple / Samsung lawsuit is an interesting read full of details. I’d like, however, to link back with a dedicated post — you really shouldn’t miss Patel’s detailed analysis of the lawsuit.

 

So now that Apple’s made its case, what does it want the court to do? Simple — it wants Samsung to pay up for the infringements in the past and stop infringing in the future. Specifically, Apple’s asking the court to permanently forbid Samsung and its various divisions and suppliers from ever infringing Apple’s claimed IP again, as well as triple damages for patent infringement, any wrongful profits Samsung might have gained from using Apple’s IP, some punitive damages, money for corrective advertising, and the cost of Apple’s attorney’s fees. That’s all pretty standard stuff, but it’s all very dependent on the claims themselves — and by the time a judge or jury is deciding on damages, the claims will have been argued into something very different. That’s years from now.

 

Much has been said about Samsung’s intention to “copy” the iOS style with is TouchWiz UI, and it’s pretty clear from the lawsuit that, even if Samsung is a key partner in Apple’s supply chain for iOS devices, Apple will do everything necessary to protect its intellectual properties and patents.

 

The PDF of the document filed in the Northern District of California is available here.

 

This suit may be difficult for Samsung to win as two of the patents are FRAND patents which are essential to technology standards and must be licensed under fair and reasonable terms. Five patents, including the two FRAND patents, are from Samsung and three were acquired from Hitachi. Samsung has filed several lawsuits against Apple globally and has yet to win a judgment against the Cupertino company.

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