Categories: MacMobilityWorkspace

Apple Counters Samsung Lawsuit In UK

Apple has filed a counter-suit against Samsung in the UK, as the ding-dong battle between the tablet and smartphone makers continue in European courtrooms.

Yesterday, iPad and iPhone maker Apple confirmed that it had lodged a lawsuit against Samsung with the Court of Chancery last Monday but did not reveal further details of the case.

This counterbalances Samsung’s action initiated with the British High Court last June when it filed an accusation that Apple “violated [Samsung’s] patented wireless technology inventions”, according to a statement issued at that time.

European Gloom For Samsung

The South Korean tablet maker is hoping for a more favourable outcome in the UK than it has experienced in Germany and the Netherlands. In recent judgements, the Samsung Galaxy Tab 10.1 has been withdrawn from sale in Germany and its Galaxy S series phones have been banned by the Dutch courts.

Samsung has initiated action against Apple in France and is appealing the other European rulings. The company is also fighting Apple in the Australian and Japanese courts as well as in California and at home in South Korea.

In many of the European cases, Apple is arguing that the Samsung products are straight copies of the iPad designs lodged with the US Patents and Trademarks Office in 2004. In its efforts to fight back, Samsung is arguing that the iPad is a derivative product rather than an innovative one.

In a recent article in the German Zeit Online (Times Online) publication, a quote from Henrik Timmann of law firm Rospatt Osten Pross, which represented Samsung in court, hardly helps its client’s case.

The quotation translates as: “Patent rights are rarely used as weapons. A company does not want to obstruct its competitors but does want to receive fair compensation for the use of its intellectual property, or be differentiated by the innovative characteristics of its competitor’s products.”

Although Timmann points out that this has no bearing on the Samsung lawsuit, its applicability hangs on whether he considers Apple to be using its claimed intellectual property as a weapon or that the claim is invalid because of prior art.

As yet, there is no sign of either party deciding to cut costs and trying to reach an out-of-court settlement. A lot will hang on the animosity that is growing between the combatants and the outcomes in Britain and France.

Eric Doyle, ChannelBiz

Eric is a veteran British tech journalist, currently editing ChannelBiz for NetMediaEurope. With expertise in security, the channel, and Britain's startup culture, through his TechBritannia initiative

View Comments

  • Sounds to me more like Apple are jelous of the fact that Samsung have got it right.
    I had an Iphone for two years and in the last few months changed to a Samsung Galaxy SII which for me has been the best move.
    The restrictions on the Iphone and Itunes (unless Jailbroken) are just to much for me with the added problem of having to pay for Apps which you can get free from from Android kind of makes me feel robbed for the two years i had my Iphone.
    I have also looked into getting the Samsung Galaxy Tablet and have spent a great deal of time playing with features in a local electronic shop and really cant see what on earth Apple are on about when they say the phones and Tablets straight copy of their designs. there nothing like it! its like a Galaxy phone with a similar layout of buttons as the phone and not a single button in the middle i.e home button. And then theres the software, again nothing like the Ipads!

    Dont get me wrong im not totally anti Apple, as i like a number of there products, i just prefer the Samsung Hardware and the android market and im sure there will be many who say quite the opposite to me.

  • If i'm not mistaken, batteries for Apple gear are made by a specialist Japanese company. Samsung previously supplied screen technology for Apple, which was or is still being done by LG. And if what i hear on the grapevine is accurate, Sony Ericsson will be producing cameras for the new iPhone. So i dont get all the drama.

  • even if the two phones are similar I think that's ok as for me it comes down to Samsung being the number one Itunes has always made me keep my distance SAMSUNG ALL THE WAY

  • Apple is a stuck record. Hopefully this doesn't slow Samsung (and androids) march of superior products.

    It's scary how easy it is to abuse the law to stifle competition.

  • this is all because u just dont shell out money for the best when u want to use an iphone y dont u use it in a genuine way ............. it will be a trouble if u find cheaper ways of using a quality phone like an iphone i m using iphone for 3 years and m happy with it bcos i dont prefer jailbreaking n stuff go for the genuine thing and u get d best out of it

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