Couple of days back, a district court in Düsseldorf, Germany had granted Apple a preliminary injunction against Samsung’s Android-based Galaxy Tab 10.1, barring distribution of the product in the entire European Union except for the Netherlands.
FOSS Patents reports that Apple has also sued Motorola in Europe, claiming that Motorola Xoom tablet infringes upon the design of Apple’s products – read that as iPad.
Back in October last year, Motorola had filed against Apple accusing Apple of infringing upon several Motorola patents for technologies related to 3G, GPRS, 802.11 wireless, and antenna design. At that time, Apple had responded in kind by filing two lawsuits against Motorola. The two lawsuits alleged a total of six patent infringements by Motorola related to various technologies originally used in the Apple iPhone. But things were quite after that, so we assumed that Apple and Motorola had settled their disputes out of court. It doesn’t look like it.
FOSS Patents reports:
Prior to or simultaneously with the motion for a preliminary injunction against Samsung, Apple also filed a complaint with the same court over the design of the Motorola Xoom tablet.
FOSS Patents isn’t sure if Apple has also requested for a preliminary injunction in the complaint, but they go on to add:
While it’s not stated explicitly, I suppose that the complaint against Motorola also asks the court for an EU-wide injunction — but perhaps just for a permanent injunction without a previous preliminary one.
Meanwhile, 9 to 5 Mac reports that asking for preliminary injunctions to stop the sale of competitors devices is a risky strategy adopted by Apple:
If Apple loses it will be liable for the business lost by Samsung in the meantime.
“Apple has a strategy of filing patents, getting some protection and trying to prevent other people from entering the market in the short-term,” said Nathan Mattock, an intellectual property lawyer at Marque Lawyers in Sydney. ”If Apple’s wrong it will have to pay Samsung a considerable amount of damages, so it’s potentially quite risky.”
It looks like 2011 will witness to a long drawn legal tussle amongst various bigwigs of the mobile phone world. Though we understand that a company needs to protect its intellectual property, at times it is frustrating to see how much money and resources are wasted in these patent wars.
What do you think? Please share your views in the comments section below.
[via FOSS Patents]