“A couple of hours ago, Samsung claimed to be ‘counter-attacking Apple again’ with preliminary injunction requests in Australia and Japan, targeting the iPhone 4S,” Florian Mueller reports for FOSS Patents.
“Based on the assertions Australian media report, I believe Samsung’s attack on the iPhone 4S in Australia is doomed to fail because it relates to three patents declared essential to the 3G telecommunications standard,” Mueller reports. “On Friday, a Dutch judge already made it clear that Samsung can’t seek an injunction based on such patents, and I’d be extremely surprised if an Australian judge took a different perspective on FRAND (fair, reasonable and non-discriminatory) licensing commitments.”
Mueller reports, “The situation is less clear in Japan, where Samsung is using one standards-related patent but also “three user interface patents” according to the statement quoted by the SMH. Those user interface patents are presumably not subject to FRAND licensing commitments, in which case Samsung would be allowed to seek injunctions based on them and it would all depend on whether those patents will be upheld (since Apple will be sure to contest their validity) and actually infringed.”
Read more in the full article here.
MacDailyNews Take: For Samsung to repeatedly and blatantly knockoff the look and, in a couple of areas, the feel of Apple products and then repeatedly launch legal “counter-attacks,” some incredulously calling for Apple’s products to be banned from sale, in order to obfuscate such IP theft tells you all you need to know about Samsung and the slime buckets who run it.
Boycott Samsung. We no longer buy Samsung-branded products and advise our millions of readers worldwide to also avoid purchasing Samsung-branded products until they cease stealing Apple’s patented IP.
Apple’s products came first, then Samsung’s:
Related articles:
RUMOR: Apple in talks with Samsung over quad-core ‘A6′ mobile processor production – October 17, 2011
Apple to Samsung: We own a ‘thicket of patents’ and will license only ‘lower level patents’ – October 16, 2011
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011
No Christmas in Australia for Samsung: Apple wins ban on Galaxy Tab 10.1 – October 13, 2011
Samsung’s ‘Instinct’ is obviously to make Apple iPhone knockoffs – April 1, 2008
My family no longer buys their products!!!!!!
Nor mine
Watching twitter timeline ,Japanese are furious about Samsung.
Everyone condemns this copycat company.
Go Apple ,beat Samdung to the ground !
Yeah if I found out Samsung was trying to get the iPhone banned in my country before I had gotten one, I’d be pissed as hell. I think some Japanese might end up storming the Samsung cooperation with torches and pitchforks if this happened.
Smasung had the lack of taste to advertise during “iGenius”, the Steve Jobs show hosted by the Mythbusters.
’nuff said.
What are these UI patents in Japan? How do they have UI patents there and not elsewhere? Does Japan have a first-to-file patent system? Does that mean Samsung patented something Apple invented?
samsung do make the slimmest LED TV’s, so they are not off my shopping list just yet
Is this the same Japan that lives under the US nuclear umbrella?
Happy to wave my flag proud. Happy to buy America First. but, I would not ever want my country to put the lean on another over corporate products.