“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:
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