Samsung loses to Apple in the Netherlands, avoids knock-out in Australia - Techist - Tech Forum

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Old 10-17-2011, 09:22 AM   #1 (permalink)
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Default Samsung loses to Apple in the Netherlands, avoids knock-out in Australia

It's a rare occurrence these days: neither Apple nor Samsung can claim victory in their ongoing legal battle, as courts in two separate countries pushed back on their efforts to bury each other in injunction ****.
Samsung was denied an injunction against Apple products in the Netherlands, while a court in Australia refused to issue an injunction preventing Samsung from releasing any future tablet devices before the current infringement case goes to court there.

Apple already has an injunction in the Netherlands which prevents Samsung from selling its line of Galaxy S smartphones there. In an attempt to retaliate, the Korean company asked for an injunction on Apple products over claims that those products infringe on Samsung's patents for 3G technology.

The court dismissed those claims, saying Samsung's patent claims could be licensed in "fair, reasonable, and non-discriminatory" terms, or FRAND, as they are part of an "essential" standard. FRAND was set up by standards bodies to prevent abuse of intellectual property that is included within a certain standard.

As a result of this ruling, Samsung's efforts in Italy and France to block the iPhone 4S from sale may now be in jeopardy. Apple lawyers will likely use the judge's argument over FRAND to fight any injunction there.

Apple found itself on the losing end of the legal battle in Australia, where a judge denied the Cupertino, Calif. company's request for an injunction covering any future Samsung tablets until Apple's current claims are ruled on at a full trial, which will not occur until next year at the earliest.

Judge Annabelle Bennett also refused to allow Apple to view advanced copies of Samsung products, which the company had asked for in tandem with the injunction request. Apple won an injunction against the Galaxy Tab 10.1 on Thursday.

Bennett said that Samsung would likely pre-announce any of its products, and that should give Apple enough time to file requests with the court for injunctive relief.

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Old 10-17-2011, 09:50 AM   #2 (permalink)
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Default Re: Samsung loses to Apple in the Netherlands, avoids knock-out in Australia

IMO, samsung should just pull all contracts from apple and stop selling the processor and components Apple uses in there products, would basically put Apple production at a complete standstill for quiet awhile.
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Old 10-17-2011, 09:54 AM   #3 (permalink)
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Default Re: Samsung loses to Apple in the Netherlands, avoids knock-out in Australia

I could see that happening. I mean it isnt like Samsung is dependent on Apple for that contract in anyway. With the sales of the Galaxy line of products growing everday, they have more than enough revenue to cover the loss that would incur from such actions. But at the same time, it is most likely a contract. Which means that if Samsung did that, they could have a great potential to lose a big amount of money, greater than that gained from the Galaxy line of products. A breach of contract for any reason is never a good thing to do for any company. Even if it is in a situation like this.

Even though Samsung wouldnt fail and would bounce back, I can see that there wont be a renewal of the contract with Apple for Samsung based products and Apple will have to look elsewhere for their internal components leaving their devices to fall behind the Samsung line a bit more.
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Old 10-17-2011, 09:55 AM   #4 (permalink)
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Quote:
Originally Posted by c0rr0sive:1936154
IMO, samsung
should just pull all contracts from apple and stop selling the processor and components Apple uses in there products, would basically put Apple production at a complete standstill for quiet awhile.
Yup. Apple has already shot themselves in the foot trying to avoid Samsung. They said they would be moving all of their future processors to TSMC's fabs and we all know how awful they are at getting a new process out on schedule.
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Old 10-17-2011, 11:41 AM   #5 (permalink)
 
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Default Re: Samsung loses to Apple in the Netherlands, avoids knock-out in Australia

Well its the screens as well. Aple wanted all Samsungs Super AMOLD screens for the iphones.

I love my Nexus S screen, so much nicer than any iphone i've tried.
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Old 10-17-2011, 10:46 PM   #6 (permalink)
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Default Re: Samsung loses to Apple in the Netherlands, avoids knock-out in Australia

Even if Apple could make the move to a different company for certain components, they would have to do it quickly, and basically launch another iphone model, since they don't like changing technology with out changing the name of a product.
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Old 10-17-2011, 11:02 PM   #7 (permalink)
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Default Re: Samsung loses to Apple in the Netherlands, avoids knock-out in Australia

Oh without a doubt yeah, if Samsung ever did that Apple would be officially screwed. As Mak said though, gotta wonder exactly what the details on the contract are. I'd imagine they'd have to impose some pretty hefty penalties for Samsung not to have left by this stage.
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Old 10-18-2011, 01:57 AM   #8 (permalink)
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Default Re: Samsung loses to Apple in the Netherlands, avoids knock-out in Australia

There is a good chance Samsung isn't being paid in full till the contract ends, that could easily keep them from ending it, no company will want to take a huge loss just to screw another company, you will want to at minimum break even in costs if your wanting to screw another corp over. That or they just really need the money XD
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