And the dispute by patent infringement continues within Apple and Samsung, that moment in the United States, where Apple sued Samsung back in April by supposed copying the look and feel of the iPhone and Apple iPad, and apparently Samsung does infringe on Apple patents.
However, although Judge Lucy Koh has said that Samsung does infringe on Apple patents she has additionally said that Apple might have a problem establishing the validity of their patents reports an spread by on Reuters.
I’m certain you are all aware of the battle by patents and Apple’s accusation that convinced Samsung smartphones and tablets copy their iOS products with Apple wanting such products banned in the United States as the Samsung Galaxy Tab 10.1 and the Galaxy 4 4G.
Both Verizon and T-Mobile came down on Samsung’s side in the fight telling the court that Apple’s ask to have Samsung gear banned is against the public interest and would have an effect on their sales in the run up to the busy holiday shopping season.
Whilst yesterday the fight in Australia went Apple’s way with the Australian judge placing a temporary ban on Samsung selling the products in question in that country.
However, although Koh says Samsung does infringe, Apple must now show that their patents are “valid under law,” and additionally the judge denied Apple’s desire for an injunction based on “one of Apple’s so-called “utility” patents,” however Koh didn’t state whether she will grant the injunction due to 3 Apple “design” patents.
Apparently Koh’s decision on the utility patent is “tentative” and she will deliver a more formal ruling fairly promptly.
I’m not too certain on just how US law works, but I would have thought that whether there was some question as to whether Apple’s patents are “valid under law” thereupon surely any temporary ban shouldn’t be forthcoming until such date as those patent in question are validated?
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