17
Oct
samsung-logo

Samsung just announced in a blog post today, that they have filed preliminary injunctions in the Tokyo District Court and in the New South Wales Registry to ban the sale of Apple's iPhone 4S in Japan and Australia, respectively. Additionally, in Japan, Samsung have also requested an injunction to bar the sale of the iPhone 4 and the iPad 2.

According to Samsung, the injunction request in Australia is premised on Apple infringing various patents relating to wireless telecommunications standards, specifically Wideband Code Division Multiple Access (WCDMA) and High Speed Packet Access (HSPA). In contrast, in Japan Samsung has filed on the basis of Apple infringing one HSPA standard-related patent and three user interface patents.

The Sydney Morning Herald commented that it was "unclear why Samsung did not file its suit [in Australia] before the [iPhone 4S] went on sale", but the delay may make it harder for Samsung to make its case. Furthermore, FOSSPatents argues that the request for an injunction by Samsung is likely to fail in Australia because the claim relates to three patents declared essential to the 3G telecommunications standard. Indeed a judge in the Netherlands has held that Samsung cannot seek an injunction based on these patents.

However, (again according to FOSSPatents) Samsung may have a stronger case in Japan as it has based its claim on three user interface patents in addition to a standard-related patent. If the user interface patents are held to be valid then Samsung may have a strong case for their injunction.

Samsung have also filed an appeal against the Australian court's decision on October 13, where Apple were granted a preliminary injunction banning the sale of the Galaxy Tab 10.1 in Australia.

The patent war between Apple and Samsung now spans multiple infringement cases in 10 countries. Samsung is clearly fed-up of playing a passive role and has gone on the offensive. Indeed, Samsung are now claiming that Apple has "continued to violate [their] patent rights and [are] free [riding] on [their] technology".

In any event, it is prudent to keep in mind that we are only at the preliminary injunction stage in most cases and the decision to ban products is not yet final, there is a chance that they could be overturned at trial.

Check out Samsung's blog post, below:

Following similar motions in France and Italy, Samsung Electronics today, October 17, 2011, filed preliminary injunction motions in the Tokyo District Court, Japan and in the New South Wales Registry, Australia requesting the courts to immediately stop the sale of Apple's iPhone4S in the respective countries.

In Japan, Samsung is also seeking an injunction order to immediately bar the sale of iPhone4 and iPad2. And in a separate filing today, Samsung has appealed the Australian court's decision on October 13 to grant a preliminary injunction over the Galaxy Tab 10.1.

The injunction request in Japan cites infringements on one High Speed Packet Access (HSPA) standard-related patent and three user interface patents, which seriously violate Samsung's intellectual property.

Patent Claims in Japan:

1) One HSPA patent which relates to a method for deciding amount of power consumption during data transmission

2) Three user interface patents that are essential for displaying information on the screen, specifically UIs for the “in flight mode” indicator (airplane icon); for customizing a smartphone’s home screen; and for browsing applications categorized in a tree structure (in an apps store).

Samsung's preliminary injunction request in Australia cites three patent infringements related to wireless telecommunications standards, specifically Wideband Code Division Multiple Access (WCDMA) and HSPA.

Patent Claims in Australia:

1)  Method and apparatus for transmitting/receiving packet data using pre-defined length indicator in a mobile communication system (WCDMA)

2)  Method and apparatus for data transmission in a mobile telecommunication system supporting enhanced uplink service (HSPA)

3)  Method and apparatus for transmitting and receiving data with high reliability in a mobile communication system supporting packet data transmission (HSPA)

In light of these violations, Samsung believes the sale of such Apple devices should be banned. Apple has continued to violate our patent rights and free ride on our technology. We will no longer stand idly by and will steadfastly protect our intellectual property.

[Source: Samsung]

Abhiroop Basu
Abhiroop Basu is an opinionated tech and digital media blogger. As a doe-eyed twenty-something he started his first blog TechComet to comment on anything tech-related that caught his omniscient eye. Since then he has blogged for Android Police, Make Tech Easier, and This Green Machine. In the real world, Abhiroop Basu is a resident of Singapore and the Editor of The Digit, a subsidiary of The Potato Productions Group.

  • Topgun

    I think Apple attack the wrong company. Samsung is obviously pissed and has the ammo to deal a blow to Apple's products. Kinda like waking the sleeping giant.

  • gary hicks

    Tired of even hearing about this stuff anymore.

  • Mickey

    This may sound bias but in Korea or most Asian countries Apple products rarely sale due to the high costs and basically not really advertised as much. I think samsung has the right to keep these lawsuits going as every Apple product I've used to date including my iPhone 3 used a Samsung chip. Almost every pc/Mac mobile and even T.V. Uses samsung chips to make it work. Apples fault for accusing Samsung first for "copying" even though it may seem similar. A stupid move on Apple when their being supplied by one of the bigges companis in the world.

  • Zomby

    I sure hope Samsung manages to block the iPhone sales in a few places. That should force Apple to come to licensing agreements and put all this behind us and concentrate on innovation instead of litigation.

    • overpatents

      I'm with you on that one

  • Darkseider

    Apple is realizing now that it is too late to regain their smartphone kingdom and are doing what they can to prolong the fall of their tablet kingdom. By this time next year Android will have the overwhelming majority of worldwide marketshare in smartphones and with the introduction of quad core tablets and lower cost dual core units this year Apple's tablet share will start to get eroded. The only thing they have left is litigation because we see how far innovation has gotten them with iAndroid... errrr I mean iOS 5. History is just repeating itself. First with Mac vs. PC where the Mac failed due ti being a product vs. a platform (windows and x86 clones). Now the same is happening with their iProducts. Products vs. platform (Android and umpteen device makers using commodity ARM SoCs).

    • http://chadecerebro.com.br Alan Lupatini

      Great comment! I totally agree... Apple is just trying to prolong the iProducts lifecycle.

  • epitome

    I predict European/Australian countries: Apple wins
    Asian countries: Apple loses/out of court settlement/Apple don't even dare to sue.
    USA: Indeterminate.

    This isn't about Apple vs. Samsung anymore. It's more than that. Hard truth.

  • Glen

    This is going to all come back and bite Samsung back. Apple now holds the treaure chest of patents related to 4G. The Nortel patents! They own it outright. I think this is all to create some sort of barter for next year when Apple files suit against Samsung for infringing on 4G patents. They better hope they win this case.

    Why dont they just kiss and make up. Meanwhile, the 4S sold what 4 million in a weekend!

    • Zomby

      If Samsung can't stop Apple on 3G technology, it will create a nice precedent that Samsung can use if Apple tries to sue on 4G tech next year.

      They win either way...

    • http://codytoombs.wordpress.com Cody

      I think you're over-valuing that situation. More accurately, Apple is a co-owner along with Microsoft and a few other companies. Note, Microsoft and Samsung are extremely close these days (especially given the hints that Samsung will be the initial launch partner for the first Windows 8 tablet). If Apple tries to use these co-owned patents against an MS launch partner, it's not unlikely that MS will, in gamer speak, lay down the ban hammer. Fact is, the Nortel patents are effectively more of a defensive measure against patent trolls when this many companies have ownership of them.

      • Urban

        It's like you just walked into my brain and took the words right put of my head...I agree...I'm a technology slut and I have a blackberry...an iPhone..jailbroken!!!...a Samsung T.V...and LG android...a harmen Carden stereo and a Sony playstation... Apple needs to pay respect where it is due!!!! Steve Jobs was a genius but without the hardware that other company's invented they would not be what they are today....

  • jbonics

    Sorry Steve, your a legend, but f Apple..... Sammy get em. I hope they ban that piece.

  • http://kennydude.me Joe Simpson

    Lol. iPhone is no match for Japanese phones.

    Can the iPhone in the middle of Japan stream live TV + images taking a couple of seconds to work? (Without Wi-Fi) No!