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Thread: Apple v. Samsung Saga: Australia Backs Sammy; iPhone & iPad Banned in Germany

  1. Editor in Chief
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    Apple v. Samsung Saga: Australia Backs Sammy; iPhone & iPad Banned in Germany


    We recently heard some scary news regarding the Apple vs. HTC lawsuits and their potential to damage Android. Fortunately, now it looks like there have been a couple major reversals for the Apple vs. "everyone" debacle, at least in regards to some of their other lawsuits.

    Android scored two major legal victories this holiday season. First, the final appeal from Apple in Australia ended in favor of Samsung. Originally, Apple won a temporary injunction to ban sales of the Samsung Galaxy Tab 10.1 in Australia, but then an appeals court reversed that decision. Apple then appealed that decision, but were rejected on this final appeal.

    The second victory for Android was a bigger one. A little known, and only mildly covered lawsuit was also pending in which Motorola counter-sued Apple, claiming copyright infringement against a Moto patent that basically covers a: "METHOD FOR PERFORMING A COUNTDOWN FUNCTION DURING A MOBILE-ORIGINATED TRANSFER FOR A PACKET RADIO SYSTEM". A ruling was handed down in the Mannheim Regional Court in Germany on this lawsuit, banning the sale of the iPhone and iPad throughout Europe! Right now this is only a preliminary injunction and is only enforceable against Ireland-based Apple subsidiary Apple Sales International. Apple must now remove the infringing functions or appeal to Karlsruhe Higher Regional Court, which is likely the route they will take. This is a fairly stunning setback for Apple, but of course will continue to develop over time.

    It still remains to be seen how things will go for Android as a whole though. On December 14th, a U.S. court will finally hear HTC's appeal regarding their infringement of a couple of Apple patents. We covered it previously, but it bears repeating because the patents are so broad that if Apple wins, it could affect the entire Android ecosystem.

    Here's a small add-on to the overall story. In a bit of ridiculous irony, back in September, Apple actually had the gall to accuse Motorola and Samsung of being "anti-competitive" by using patent lawsuits to stifle competition. Apple must have forgotten the time-line of events, because they were the ones who began this gigantic lawsuit fiesta, and Motorola and Samsung simply counter-sued in defense. Obviously, a big part of the problem is the broken patent system, and the ability of companies to license broad and vague patents. However, that does not absolve anyone of their responsibility to use the system fairly. Stating that "the system is broken and setup that way, so it is perfectly okay for a company to take advantage of it" is like saying it would be okay to murder someone if the law permitted it. There is such a thing as ethics, and it is up to each person, or group, to attempt to be as ethical as possible.

    Regardless of the philosophical debate, Apple calling Motorola and Samsung "anti-competitive" is like that kid you played with that constantly changes the rules of the game, and then calls you a cheater when you win anyway. After a while, no one wants to play with that kid, and it almost looks like that is what Apple might be worried about. What do you think?

    Source: AndroidPolice (1), (2) and Engadget and BGR
    Image Source: Reuters
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    I love that Apple called Motorola and Samsung anti-competitive. That is just...wow.
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    #4
    I can't wait till there is no more lawsuit news.

    IMO if its not 100% totally blatant and not causing you to lose money...don't file. Apple shouldn't have started all this... At least the lawyers are happy...

    There was one against MEIZU that I feel Apple shoulda won.

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    Quote Originally Posted by johnomaz View Post
    I love that Apple called Motorola and Samsung anti-competitive. That is just...wow.
    That's like Nancy Pelosi calling Michael Moore a liberal.
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    Now this puts it into perspective and shows the true bully. All arrows pointing to Apple. They are suing 4 companies and being sued by 5 companies. They are the ones who are anti-competitive by having a patent on simple things like saving or calling a number on a web page just by touching it. Hmmm, Apple explain how this can be done on other phones that have touch screens? Are they going to patent the touch screen too.

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