Samsung, Apple even in latest 2 cases
By Kim Yoo-chul
Samsung Electronics has seen mixed results in its ambitious challenge to Apple.
Simply put, Apple won in France but lost its bid to block the sale of Samsung tablets in Australia.
Attention has shifted to the ruling from the European Commission as it recently began an investigation into a possible breach of various competitive laws by both firms.
European courts sometimes consider rulings and orders filed by each other, according to patent experts and Samsung officials.
``Samsung’s legal advisors are paying keen attention to the ruling from the European Commission, which Samsung believes will be a barometer in making a huge impact on ongoing patent disputes with Apple. Also, there is an upcoming ruling over patent disputes with Apple and Taiwan’s HTC in the United States," a Samsung executive, who is directly involved with the situation, told The Korea Times, asking not to be identified, Friday.
A French court recently rejected Samsung Electronics’ bid to ban sales of Apple’s iPhone 4S there.
Samsung had claimed that Apple ``flagrantly violated our intellectual property,’’ adding that it will not let Apple ``free-ride’’ on Samsung-owned technology.
Samsung already told a court in Paris that the iPhone 4S infringes on Samsung’s mobile patents, though Apple has claimed that the chips it uses are already properly licensed by U.S.-based mobile chip giant Qualcomm.
Samsung spokesman Kevin Jeong said it will immediately appeal to a higher court and added the Korean company will make concerted efforts to prove that Apple’s claims are groundless.
An investigation by the European Commission into a breach of various competitive laws by Samsung, which was earlier mentioned in a Paris court by Apple, makes the situation more favorable for Apple, according to experts contacted by The Korea Times.
A court in Milan will hold a second hearing on Dec. 16, to determine whether a similar injunction should be imposed in Italy.
But Samsung finally won a meaningful victory in Australia. A court in Australia denied Apple’s bid to maintain a ban on Samsung’s Galaxy Tab.
That means Samsung will sell the tablets in Australia during the critical Christmas shopping season and the ruling also means an end to Apple’s four-month-long efforts to keep its biggest South Korean rival out of Australia.
``Within a few days, Samsung will start the sale of Galaxy tablets in Australia. We don’t see any significant problems to meet the demand among Australian consumers,’’ said Jeong.
Apple and Samsung have filed at least 30 lawsuits in nine different countries, according to Samsung officials. Samsung’s chief executive Choi Gee-sung recently said the company is set to spend $200 million throughout next year to take on Apple.
Last week, Apple’s efforts to prevent Samsung selling its products in the United States were rejected.