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