Samsung could win German injunction(s) against Apple’s 3G-capable products in January

“Today I attended a trial in the Mannheim Regional Court relating to two Samsung lawsuits over 3G-related patents. Formally the court had scheduled a double header, but in recognition of non-negligible overlap between the two cases, today’s three-hour session addressed all claims and defenses brought in both of them,” Florian Mueller reports for FOSS Patents. “(For the sake of accuracy, Samsung is asserting a third patent in a litigation that will go to trial on December 16.)”

“This is the same court that entered, one week ago, a default judgment against Apple Inc. in a litigation brought by Motorola,” Mueller reports. “The presiding judge indicated preliminary positions and inclinations that suggest the two German litigations tried today pose considerable risk to Apple but won’t necessarily result in rulings that Samsung can effectively enforce against Apple’s core products.”

Mueller reports, “It’s not impossible that Apple might fend off both patent infringement suits, but Samsung is more likely to win on at least one of those counts.”

Read more in the full article here.

11 Comments

  1. GOOD NEWS

    Justice will prevail and Android will finally crush Apple!

    Notice that huge drop in Apple’s stock this week?

    More to come as the fools that bought the Apple see their investment vanish before their eyes.

    1. GOOD NEWS
      Justice will prevail and Windows will finally crush Apple!
      Notice that huge drop in Apple’s stock this week?
      More to come as the fools that bought the Apple see their investment vanish before their eyes.

      Ah, good old religious spirit lives on in a new generation on WinBlows I mean DrodBlows……

  2. Get in line behind these, fool: Microsoft will crush Apple, Dell will, Napster will, Motorola will, Creative will, Sony will, the music labels will, Blackberry will, Adobe will, and on and on.

    AAPL stock fluctuates as it moves ever higher.

  3. likely outcome of the patent battle

    1, For Apple

    wins in community design patent in Germany
    might win one of the two patents asserted in Australia
    might win in relation to one or two patents in US but. preliminary injunction not impoased
    will need to pay frand licenses to samsung effective 2003

    2,For Samsung

    may need to pay. relatively small damages to Apple (damage for utility patents will be very less and design patent win will be mostly related to galaxy tab 10.1 )
    will ensure that future product designs are not so similar
    will be able to quash most of the Apple asserted patents
    might even need to pay european commission for use/abuse of frand patents
    Almost negligible impact monetary and sales wise, as retailers will always find ways to bypass injunctions and frand receipt will be used to pay any damages

    who wins?

    Only lawyers as net impact to both companies will be negligible

  4. it’s obvious that samsung rips off apple : even their press photos for their new music player looks like the iPods (with their headphones placed exactly the same).

    and samsung’s lawsuits against apple are misusing their FRAND patents (which is supposed to be open as they define standards).

    I think it’s time that apple stock investors and apple fans seriously start talking – let it go viral – about boycotting samsung products like appliances, I think the only thing that will make them stop their bad behaviour is the threat of losing money… (there’s plenty of apple fans around who now buy samsung audio devices, microwaves etc to make an impact. Samsung android fans don’t buy apple products anyways so they can’t retaliate)

  5. Samsung is arguing it did not grant a license to INtel to pass on a user license with the sale of the chip? Absurd… Will they also require a sub license from every iPad and iPhone user individually?

    Samsung is arguing that even though the sold a license to Intel for the patent so that Intel could make the chip that Intel sold to Apple, and that the Patent is FRAND, Apple has to KNOW this about every component, every software line, and contact Samsung and negotiate a license to use that chip it bought from Intel! They’d have to have a break down of every thing inside the chip in question to assure that they were not infringing some obscure patent that was added without their knowledge if they were required to track down and license every single iota required!

    This is similar to the idea that you when buy a Ford automobile… the buyer is then required to find out what parts are in it, and contact EVERY maker and inventor and subsequent owner of the patent of the parts and must individually negotiate a license to be able to use the patent for that part before he can drive his car! No one would ever be able to rely on ANY supplier selling anything as being a completely licensed, ready to install part!

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