Apple/Samsung mobile phone/tablet lawsuits
As has been reported over the past several months in the press, Apple Inc. and Samsung Electronics Co. Ltd. have entered into a complex legal battle over intellectual property rights on their smartphone and tablet products involving lawsuits. As in 9 countries on 4 continents, including the US, Germany, the Netherlands, UK, France, Italy, Japan, Korea and Australia as of now. While following the details of even a couple of the at least 20 lawsuits has become challenging, it has become even more difficult to appreciate the direction and events of all of the cases taken as a whole. The series of lawsuits and countersuits began with Apple Inc.’s initial infringement lawsuit brought against Samsung and several of its US subsidiaries filed on April 15, 2011 in California (Northern District), in which Apple alleged infringement of a broad range of its US intellectual property ranging from trademarks on 6 icons for user interfaces, to 7 hardware and software utility patents, 3 design patents for external appearances of mobile devices, and trade dress relating to the packaging and customer impression of mobile devices, which Apple alleged were infringed by a number of Samsung’s mobile products including its Galaxy S family of smartphones and its Galaxy Tab family of tablet computers. Since that initial suit, further claims and counterclaims have been filed by Apple and Samsung in the US International Trade Commission, and the Delaware Courts, and while none of the US cases have come to trial on substantive issues as of yet, a request by Apple to expedite their first US case in California has been denied, but a relatively early preliminary trial date in July 2012 has still been set by the court, with a claim construction hearing (or “Markman” hearing as they are known) to take place earlier in January 2012 to determine the scope of the claims in the various US patents Apple has claimed were infringed.
However, in several other jurisdictions, courts have already ruled on at least preliminary hearings into issues such as preliminary injunctions against sales or distribution of particular Samsung mobile products in several markets in Europe. In particular, a German Regional Court in Dusseldorf confirmed in a September 9, 2001 judgment that it has granted Apple a preliminary injunction against Samsung’s Korean parent company from selling or distributing the Galaxy Tab 10.1 tablet within Germany, and against Samsung’s German subsidiary from selling or distributing the Galaxy Tab 10.1 anywhere in the European Community, based on Apple’s allegation of infringement of a European Community Design. Apple has also succeeded in having Samsung’s new Galaxy Tab 7.7 model added to the preliminary injunction. Samsung has already filed an appeal of the injunction, which, due to particularities of German patent law, was granted without any hearing or presentation of evidence by Samsung.
Additionally, in an August 24, 2011 ruling, a Dutch court in the Hague granted Apple a preliminary injunction against sales or distribution of several of Samsung’s Galaxy S family of smartphones (but not their Galaxy Tab tablet models) by three Samsung subsidiaries registered in the Netherlands, over Apple’s claims of infringement of an Apple European software patent, including for sale or distribution in other European Community countries covered by the same patent which include Germany, Ireland, Sweden, Switzerland and the UK. However, the injunction does not specifically restrict Samsung’s Korean patent company from importing the named Galaxy S smartphones into other countries, although most of Samsung’s European distribution system is said to be based in the Netherlands at the present time. The same Dutch court, however, threw out Apple’s claims of infringement of another of its European software patents for a “slide to unlock” feature which the court indicated was invalid for reasons of obviousness. Samsung has indicated that it intends to modify software on certain of its European destined products to address the injunction granted in the Netherlands.
Meanwhile, in Australia, Apple filed suit against Samsung alleging infringement of its patents and other named intellectual property in relation to Samsung’s Galaxy Tab 10.1 tablet that was destined for launch in September 2011 in Australia. However, during an initial hearing in the case on August 2, 2011, Samsung agreed to voluntarily delay advertising and sales launch of the Galaxy Tab 10.1 until at least September 30, 2011, stating that Apple’s allegations were incorrectly based on a US version of the Galaxy Tab 10.1 and not the version which is planned for release in Australia. The Australian court has scheduled a hearing to determine the status of Apple’s allegation and whether a trial is necessary for September 29, 2011. Since then, on September 17, 2011, Samsung filed a countersuit in Australia alleging that various of Apple’s iPhone and iPad products infringe seven of its wireless communication patents. And these cases don’t even include the claims and counterclaims filed by Apple and Samsung in the UK, France, Italy, Korea, and Japan. Clearly the overall outcome of the intellectual property battle initiated by Apple in April 2011 is yet to be seen, including the determination of which of Apple and Samsung’s mobile products will eventually be affected, but no matter the final tally, the mobile world is certainly paying even closer attention to issues concerning intellectual property as they watch events unfold.
By Graeme Herring