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Apple ordered to pay damages to Samsung by Dutch court
Apple has been ordered to pay damages to rival Samsung Electronics by a court in the Netherlands.
21 June 2012 Last updated at 03:37
The court said that Apple had infringed a patent held by Samsung relating to the way phones and tablet PCs connect to the internet.
The court did not specify any amount, but the damages will be calculated based on sales of Apple's iPhone and iPad in the Netherlands.
The two firms are involved in a legal battle in various countries.
"Samsung welcomes the court's ruling, which reaffirmed Apple's free-riding of our technological innovation," the South Korean manufacturer said in an emailed statement to the BBC.
"In accordance with the ruling, we will seek adequate compensation for the damages Apple and its products have caused."
Samsung had claimed that Apple had infringed four of its patents. However, the Dutch court said that only one of those had been breached.
'Amicable business solution'
Continue reading the main story
This will put an increased pressure on both parties to figure out an amicable business solution, rather than prolong these battles”
Manoj Menon Frost & Sullivan
Apple and Samsung are two of the biggest manufacturers of smartphones and tablet PCs in the world.
However, the two firms have been involved in dozens of patent cases and disputes relating to designs of their respective products.
Analysts said that with so many cases being fought by the two firms in different countries, neither of the parties may emerge as the overall winner.
"Both these companies need to understand that some cases will be won by Samsung and some by Apple," Manoj Menon, Managing Director of the consultancy firm Frost & Sullivan, told the BBC.
"This will put an increased pressure on both parties to figure out an amicable business solution, rather than prolong these battles."
Last month, a judge in the US ordered the chief executives of both the firms to meet to try to settle their legal differences.
But the talks did not lead to any agreement and Apple has since sought a ban on sales of one of Samsung's tablet computers and the latest range of its Galaxy smartphones.
Apple had enjoyed an early lead in the smartphone and tablet PC market with the launch of its iPhone and iPad devices.
However, Samsung has been steadily increasing its market share in the sector with the introduction of new gadgets.
Analysts said that given the increased competition, the two firms had been using the legal battles as a way to stop each other from increasing their market shares.
"Given that they are number one and two in the market right now, they are going to use any possible tool to slow down each other and patents could be one of those tools," said Melissa Chau of IDC Asia Pacific.
However, she said that given the amount of time, money and energy that the two firms have spent on fighting these cases, they were likely to find a solution in the long run.
"In the past, when we look at how these things have evolved, they get settled in due course of time and businesses move on."
Apple seeks Samsung Galaxy S3 temporary sales ban in US
Apple has sought to disrupt the US launch of Samsung Electronic's flagship smartphone by asking a court to ban the product from sale temporarily.
The iPhone-maker claimed the Galaxy S3 infringed at least two of its patents based on its analysis of a model bought in the UK.
Samsung denied the accusation, saying the launch would proceed as planned.
The two firms have been embroiled in dozens of patent and design disputes over the past year.
A judge ordered the chief executives of both to meet in San Francisco and discuss settling their legal differences last month, but the talks did not lead to a settlement.
Since the meeting, Apple has also sought to ban sales of one of Samsung's tablet computers.
The latest case centres on two Apple patents: a unified search interface allowing users to scan a wide range of file types and sources; and a way to identify patterns in data and then carry out appropriate actions.
In a court filing, the iPhone-maker acknowledged there was huge demand for Samsung's new phone, but said the South Korean firm had failed to address a complaint it had already made about one of its earlier Android-based models.
"The Galaxy S3 will... irreparably harm Apple for the same reasons as the Galaxy Nexus, but on a much greater scale," wrote Apple's lawyer, Mark Lyon.
"The central premise of Samsung's opposition to Apple's motion for a preliminary injunction was that the Galaxy Nexus had not sold sufficiently well to cause severe enough harm to Apple. While that argument is legally and factually untenable, it is entire inapplicable with respect to the Galaxy S3, which reportedly will sell phenomenally well immediately upon launch."
Apple requested its existing complaint against the Nexus to be amended to include the Galaxy S3. Samsung continues to defend the earlier case and also opposes Apple's attempt to link the motions together.
A statement from the Galaxy-maker said: "Samsung believes Apple's request is without merit. We will vigorously oppose the request and demonstrate to the court that the Galaxy S3 is innovative and distinctive... We believe that Apple's actions would only serve to disrupt consumers' access to the latest innovative mobile technology."
The Galaxy S3 went on sale in Europe last month. Sales numbers have not been released, but Vodafone has said that the handset broke its UK record for pre-orders of an Android device.
The device is due to be released in the US on 21 June.
Apple is expected to launch its next iPhone model later this year.
7 June 2012 Last updated at 13:20 http://www.bbc.co.uk/news/technology-18350949
Might explain why the US hasn't got it yet.
I read Sony make the lens and screen, which explains why Apple are so slow to upgrade. They rely on too many companies.
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Samsung finally wins its first offensive case against Apple – but it’s only a consolation prize
Wednesday, June 20, 2012 · 11:01 am
“Earlier today, Dutch IDG website Webwereld reported on a court ruling in The Hague that finds Apple liable for infringement of one of four patents Samsung is asserting in that action,” Florian Mueller reports for FOSS Patents.
“The Rechtbank’s-Gravenhage (The Hague) found Apple liable for infringing, only with pre-iPhone-4S devices, EP1188269 on an ‘apparatus for encoding a transport format combination indicator for a communication system’ (but cleared Apple of infringement of three other 3G/UMTS-essential Samsung patents),” Mueller reports. “All patent assertions by Samsung against Apple that previously came to judgment were dismissed. Samsung failed to win preliminary injunctions against the iPhone 4S in France and Italy, and lost three cases in Germany, including one over the same patent that the Dutch court now held infringed.”
Mueller reports, “Samsung has approximately 100,000 patents worldwide. At some point it had to win something. But it’s important to put this into perspective. Looking at the wider dispute with more than 50 complaints filed in ten countries on four continents, the impact of today’s ruling is minimal (and the word ‘minimal’ is more likely to be an exaggeration than an understatement). It’s not even clear that Samsung will make enough money as a result of this infringement finding to offset the 800,000 euros it now owes Apple in legal fees because it lost with respect to three of its four patents.”
Much more in the full article here.
|apple, court, damages, dutch, ordered, samsung|
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