Apple and Samsung are at it again, continuing their legal battle with patent infringement suits they filed against each other.
The series of lawsuits involving two tech giants started with the ban on the sales of Galaxy Tab in Australia after the court agreed with Apple’s allegation that the design of Galaxy Tab had been copied from iPad. The ban was lifted in late November 2011 but Galaxy Tab hit markets after 9 December 2011 because Apple had succeeded in obtaining a stay order on the implementation of verdict lifting the ban. Apple appealed for more extension but its plea was rejected.
Samsung had also filed various lawsuits against Apple, seeking a ban on many Apple products, including iPhone 4S. The appeals were rejected. However, Samsung did taste the victory in some European courts.
After Motorola lawsuit, now Apple is facing Samsung in German court. Two hearings were held on 16 December 2011 in the patent court in Mannheim, Germany. In the first hearing, Samsung added two new lawsuits. First lawsuit was about communication technologies. Second was covering converting data for speech output and emoticon inputs. In the second hearing, Samsung pulled back on its 3G infringement assertions against products with Qualcomm chips, which in the case of Apple was the iPhone 4S. Samsung said that Apple products that used Qualcomm chips should be excluded from lawsuit. Lawyers representing Apple saw this move as a voluntary partial dismissal of the case. They wanted Samsung to pay the costs, by pointing out some provisions that are dictated by German law.
According to Foss Patents, the first hearing was about Samsung filing complaints against Apple with this court in April regarding six patents. Tough Samsung wanted to add an “extension” to those suits to cover the new issues initially, Apple was granted a motion to sever those extensions. Due to that Samsung filed two new suits to deal with the disputed patents.
The two suits have been split between Fair, Reasonable, and Non-Discriminatory terms (FRAND)-pledged declared essential patents (the first two) and non standards-related (the last two). Following patents are in question:
1. EP1720373 on a “method and apparatus for reporting inter-frequency measurement using RACH message in a communication system”.
2. EP1679803 on a “method for configuring gain factors for uplink service in radio telecommunication system”.
3. DE10040386 on a “speech output device for data displayed on mobile telephone converts data from display into speech data for output via loudspeaker”.
4. EP1215867 on an “emoticon input method for mobile terminal”.
Quinn Emanuel, who had helped won the lawsuit against Apple that was filed by Motorola, is helping Samsung in this lawsuit. He was also involved a lawsuit in United States in which Apple faced embarrassment in court.
Samsung’s move to exclude products using Qualcomm chips was probably due to its defeat in French court. The French court recognized the license agreement between Samsung and Qualcomm for the chip. It ruled that the same licensing should cover Apple as a customer of Qualcomm.
The feud between Apple and Samsung is becoming more vast and complicated with every update. How this rivalry would build by March 2012 when Samsung and Apple meet again in the hearing of a lawsuit in Australia that seeks ban on the sales of iPhone 4S in Australia? We need to wait for just two and half-months more to see that.
Source: The Mac Observer