18 Jan 2012
Apple and Samsung will continue their bitter patent infringement dispute in the German courts after the iPhone-maker launched two lawsuits against its chief rival.
The California-based firm has gone on the offensive, bringing two design suits against Samsung, according Bloomberg.
A total of 15 Samsung smartphones and tablets, including the popular Galaxy S II smartphone are accused of infringement by Apple.
Apple has not asked for a preliminary injunction and some of the products in question have been on the market too long to justify this measure anyway, noted patent analyst Florian Mueller on the Foss Patents blog.
"I wouldn't characterise Apple's new German design rights lawsuits as hostilities. This is a commercial disagreement and it needs to be resolved," he said.
"I like the fact that Apple's new litigation strategy in Germany will lead to useful and necessary clarification, rather than temporary (but strategically useless) disruption."
Samsung was already forced to redesign its 10in Galaxy Tab in Germany, which it has now been allowed to sell. However, Apple has also been looking to ban the new version of the device, Galaxy 10.1N.
"Samsung is aware of the lawsuit filed by Apple in Dusseldorf, Germany concerning Samsung mobile products, including the Galaxy S2 and Galaxy Tab 10.1," noted a Samsung statement on the fresh lawsuits.
"We are confident that we can demonstrate our Galaxy devices are innovative and do not infringe on Apple's patents. We will take all available measures to assert our patent rights in Germany."
In two weeks' time, the Düsseldorf Higher Regional Court is expected to announce its decision on Samsung's appeal relating to the preliminary injunction that banned the original Galaxy Tab 10.1 in Germany.
This ruling will help to clarify the scope of Apple's designs right and help indicate what Samsung needs to do to avoid future infringement, Mueller continued.
"If Samsung promised not to build flat rectangular devices with rounded corners, and not to use the colours black and white, Apple might be fine, but such a wide-ranging exclusion would go far beyond what the courts are going to expect Samsung to do," he said.
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