Samsung Asks Courts in Australia, Japan to Block iPhone 4S Sales

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Samsung has filed for injunctions in Australia and Japan in hopes of blocking sales of Apple’s new iPhone 4S in those countries. The two companies are fighting patent infringement battles in several countries, and Apple has already managed to get injunctions against some of Samsung’s Android-based products in a few regions.

The motions were both filed on Monday, according to the Wall Street Journal, and Samsung is also asking the court in Japan to block sales of the iPhone 4 and iPad 2.

Samsung wants to block the iPhone 4S in Australia and JapanSamsung hopes to block iPhone 4S sales in Australia and Japan

Apple and Samsung have been locked in a legal battle over patent infringement claims for several months. Both companies have alleged that the other’s mobile devices use patented technologies without proper licensing, and have filed lawsuits against each other in the U.S. and other countries.

A German court recently upheld an injunction blocking the sale of Samsung’s Galaxy Tab 10.1 tablet in the country, and the company filed an appeal in hopes of overturning that ruling. Apple was also awarded a temporary injunction through a Dutch court blocking the sale of some Galaxy devices in the European Union, and an injunction blocking the sale of the Galaxy Tab 10.1 tablet in Australia.

Despite Samsung’s efforts, its motion for an injunction in Australia may not hold up in court, according to Florian Mueller from Foss Patents.

“I believe Samsung’s attack on the iPhone 4S in Australia is doomed to fail because it relates to three patents declared essential to the 3G telecommunications standard,” he said on his blog. “On Friday, a Dutch judge already made it clear that Samsung can’t seek an injunction based on such patents, and I’d be extremely surprised if an Australian judge took a different perspective on FRAND (fair, reasonable and non-discriminatory) licensing commitments.”

Samsung’s position in Japan, however, doesn’t look to be quite so clear cut. “The situation is less clear in Japan, where Samsung is using one standards-related patent but also three user interface patents,” he said. “Those user interface patents are presumably not subject to FRAND licensing commitments, in which case Samsung would be allowed to seek injunctions based on them and it would all depend on whether those patents will be upheld (since Apple will be sure to contest their validity) and actually infringed.”

Samsung’s filing came as Apple announced it had sold over 4 million iPhone 4S units during the first weekend of availability. The number tops Apple’s previous iPhone launch weekend record of 1.7 million units for the iPhone 4.

Apple has not commented on Samsung’s injunction filings.

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12 Comments Leave Your Own

skipaq

Samsung hasn’t been having much success anywhere. Just keep at it though and the lawyers stay happy.

Bosco (Brad Hutchings)

There is one thing that Samsung cannot sue Apple for copying, and that is durability. Check out this disturbing video..

MacFrogger

Interesting video Brad, but: Considering the many subtle variations in localized force/stress upon the phone that are possible in a drop test, you’d have to do this many times and do the stats on the results for these data to have any validity.

For example, twice my iP4 has slipped out of my shirt pocket when exiting my car and neither time has it broken. OTOH, it only took once for my iP3 to hit the pavement to get a single crack across the front screen…not taking a position here, as a scientist I’m just sayin’...

Bosco (Brad Hutchings)

True. It’s demonstrative and anecdotal, not scientific. I didn’t claim otherwise. The final (and most important) result is easily explained though. GS2 has Gorilla Glass. iPhone 4S has a cheap, Apple knock-off.

mhikl

Interesting facts hummed to the tune of Roll Out the Barrel while dancing the Polka. (suggestion: for fun, yell out highlighted text as read aloud or savoured silently.)

In Internet slang, a troll is someone who posts inflammatory, extraneous, or off-topic messages in an online community, such as an online discussion forum, chat room, or blog, with the primary intent of provoking readers into an emotional response or of otherwise disrupting normal on-topic discussion. Internet Trolling: from wikipedia

The delights of Durability
And, too, the durability of Samsung?s delight in copying Apple, its durability in getting banned across the continents, and the durability of off topic misdirects by trolls never gets boring; well most of it doesn?t get boring, but one learns to take the bad with the goodies.

Nemo

Dear Bosco:  While ad hominem attacks are improper, I can’t help but wonder who you are such that you have such great animus toward Apple and the late Steve Jobs.  Are you a troll, simply a shill for Google or some Android manufacturer?  Did the late Steve Jobs give you some personal offense that could explain your hatred of Apple and of him?  Or could it be that you are so petty that you are still bitter over the incident that you described here, when Apple, pursuant to its rights under its license, decided that it would no longer permit a certain facility in its software, which eliminated the viability of one of your software products on the Mac?  Or is it some other even more bizarre motivation?  No matter which it is, it reflects very poorly on you.

Now, to the merits.  Good thing this isn’t court, because I would immediately move to strike your comments as irrelevant to the issue, for this is a post about Samsung’s attempt to once again principally use its FRAND patents to obtain an injunction against Apple’s latest iOS mobile products in Japan and Australia.  Clearly, your post has nothing to do with that topic. But we must expect that even if TMO was reporting on the President giving Tim Cook the Medal of Freedom, you’d scour the Internet to find and post something negative about Apple.  Okay, so be it.  That’s you.

Now about the video that you cite, supra.  As you admit, it is hardly scientific, and it may not even be genuine.  But let’s allow arguendo that it is, so what?  It reminds me of an incident years ago, when I was buying a Nikon film camera—yes, I am that old.  The salesman, who was trying to sell me a more expensive Leica, took the Lecia’ camera body and stood on it, balancing with one foot, and then showed that it continued to work perfectly, telling me proudly that you can’t do that with the Nikon.  To which I replied:  I don’t intend to stand on the Nikon, balancing myself on one foot, but to take pictures with it.  In the same way, if true, the video may establish that, while the Samsung Galaxy phone does everything worse than the iPhone 4S as phone, handheld computer, iPod, and/or Internet device, it is better for dropping on concrete sidewalks and is probably better as hammer.  So at least the owners of Samsung Galaxy will give some additional value for it as a hammer, volley ball, movie prop, etc., to make up for its great relative deficiency as a smartphone, when compared to the iPhone 4S.

But Bosco, here’s something for you.  I understand that there is a video of the late Steve Jobs acting as the high priest in a diabolist ceremony.  I am sure that you are the man to find and bring it to us, perhaps when Jeff is reporting on a story about the iPad in education.  I have your lead for you:  Disturbing video of Steve Jobs’ diabolical iPad corrupting our children, leading them on the road to hell.

mhikl

Please come back Bosco. I have a poem for you.

Bosco (Brad Hutchings)

Nemo, being a lawyer reflects poorly on you. There, we’re even with gratuitous slaps.

Apple has made and continues to make some great products. I urge people, especially fans blinded by His Steveness, to take a critical look at the strings that come attached to those products, because those strings are both atypical is their density and in how they change relative to both the wider computer and consumer electronics industries. I personally feel that it’s a crappy way to treat customers who typically assume a multi-multi-year commitment to your world when they purchase one of your products, but I’m weird like that.

I urge people, especially the fans, to take a critical look at the marketing narrative of Apple. Summed up, it looks like “Apple innovates, everyone else copies”. Supporting that narrative is the context for and purpose of Apple’s legal belligerence, a fact that the fans seem to embrace without explicitly recognizing, and a fact that competitors are just beginning to figure out even if it was plainly obvious in the PR announcing original legal action against HTC. So Nemo, bringing a video into the discussion that shows that Apple would do well to copy something from one of its arch-rivals is not trolling, nor is it intended to give my creepy personal stalker something to write about. And seriously, it was fun having RonMacGuy as personal stalker. He was challenging. This other guy is a douche with Daddy issues. Really, read his TMI, errrrrr TMO, profile.

Well, that aside. I am most interested in the narrative. Apple does make some great products, but they come with some costs that people should evaluate. Ideally, more people would reject those costs, and Apple would be prodded into making great products without the B.S.

mhikl

Twaddle for Twaddle

To his dear said a louse on a stool
Come out for a heavenly drool
Cried the louse let us dine
This time it?s my dime
And together we?ll savour this loot.

(It was a toss up between gruel and loot.)

craigf

Off topic, but still strangely relevant to this and many other threads on Observer forums…

http://en.wikipedia.org/wiki/Obsessive?compulsive_personality_disorder

MacFrogger

Allrighty then - I hope y’all excuse me if I go back on topic.

This just in:

(Reuters) - Taiwan’s HTC Corp lost a patent infringement complaint filed against Apple Inc in a preliminary decision at the U.S. International Trade Commission on Monday.

An ITC administrative law judge found “no violation” by Apple of four HTC patents that include technologies for power management and phone dialing.

mhikl

craigf?s the man. Had me in hysterics. Check out Ken Ray?s latest column and the 60+ responses. Some good things may come out of it.

Of course some trolls are totally lost. If all would ignore, . . . but we can only dream at this point.

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