“Long after office hours on Wednesday, Germany’s Bundespatentgericht (Federal Patent Court) ruled in Apple’s favor and invalidated in its entirety (including any proposed amendments) the German part of Samsung’s EP1005726 on a ‘turbo encoding/decoding device and method for processing frame data according to QoS,’ a patent Samsung had declared essential to the third-generation wireless standard, UMTS. Dr. Ariane Mittenberger-Huber, the Munich-based court’s spokeswoman, confirmed this outcome of the nullity proceeding,” FLorian Mueller reports for FOSS Patents.
“In January 2012 the Mannheim Regional Court ruled that Apple did not infringe this patent. Under Germany’s bifurcated patent litigation system, defendants challenging the validity of a patent have to bring a separate nullity action before the Federal Patent Court. Infringement is adjuged by regional courts (district courts), which stay cases if they deem a patent (that is, unlike this one, found infringed) “highly probable” to be invalidated by the Federal Patent Court,” Mueller reports. “Nullity actions typically take longer. In this case, almost fifteen months passed between the infringement ruling and the validity decision.”
Mueller reports, “In March 2013 the England and Wales High Court declared the UK part of this patent as well as two other Samsung declared-essential patents invalid — another recent victory for Apple.”
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