Samsung Files Counterattack on Apple’s iPhone and iPad in Germany and Australia
Samsung Electronics has filed an appeal against a court ruling banning the sale of its Galaxy tablet computers in Germany. In the latest news of the legal battle between the smartphone giants, the South Korean company also accused Apple Inc. of patent infringement in Australia.
In a statement to the Sydney Morning Herald, Samsung spokesman James Chung said the company filed the appeal last week against a German court ruling Apple won to blocking Galaxy sales.
Samsung has also been trying to dismiss Apple's patent litigation against Samsung''s Galaxy phones and tablets in Australia.
"To defend our intellectual property, Samsung filed a cross claim for Apple's violation of Samsung's wireless technology patents," spokesman Nam Ki-yung also said.
"Samsung has a proud history of innovation in the mobile industry. It has invested continuously in R&D, design and technology to produce our innovative and cutting-edge mobile devices," the company said after filing the Australian suit.
On Friday, Samsung also filed a cross claim with the Federal Court of Australia against Apple, saying that the iPad and iPhone infringe seven patents to wireless communications standards.
Before filing its counterattack against Apple's claims in Australia, Samsung remarked that it "intends to file a cross claim against Apple Australia and Apple Inc. regarding the invalidity of the patents previously asserted by Apple and also a cross claim against Apple regarding violation of patents held by Samsung by selling its iPhones and iPads."
Samsung-Apple Saga
As Engadget reported, on Sept. 9, the Düsseldorf Higher Regional Court issued the ruling for a temporary ban on the sale of the Galaxy Tab 10.1 within Germany. Presiding judge Johanna Bruecker-Hoffmann stated that Samsung's tablet, with its "minimalist, modern form," bore a "clear impression of similarity" with the iPad 2.
"The court is of the opinion that Apple's minimalistic design isn't the only technical solution to make a tablet computer," Brueckner-Hoffmann explained, "other designs are possible."
Also in Germany, Apple won an injunction against the Galaxy Tab 7.7. , which has a smaller screen that the Tab 10.1. With the ruling, Samsung was forced to pull the product out of the IFA consumer electronics show in Berlin earlier this month.
"We are disappointed with this ruling and believe it severely limits consumer choice in Germany," was Samsung's reply, and thus the recent counter appeal.
Steve Park, a Seoul-based spokesman for Apple, declined to comment on Samsung's filings in Australia and Germany.
Samsung's Complaint in France
In another part of Europe, Samsung also released a statement last Monday that it had filed a complaint in France against Apple in July, said an Economic Times report. The first hearing is expected in December.
The South Korean company claimed infringement of three technology patents committed by its U.S. rival.
"The complaint focuses on three technology patents, and not on the design of the tablets," which is also the basis of the complaint filed in Germany that Apple won last week, a Samsung spokeswoman said.