Samsung Loses Second 3G Patent Lawsuit Against Apple In Germany


Samsung’s response to Apple’s patent infringement lawsuits, by countersuing Apple hasn’t been going so well for the company.

A German regional court dismissed Samsung’s complaint, which claimed Apple infringed on one of its patent relating to 3G/UMTS wireless standards. This was Samsung’s second loss to Apple, in the same court, within a week.

There wasn’t any official reason given as to why Samsung’s claims were dismissed. Florian Mueller of FOSS Patents speculates:

There are two reasonably likely possibilities: either Apple’s products weren’t deemed to infringe on the patent in a technical sense or the court believes Samsung’s rights are exhausted and Apple has, by extension, a license. If the reason for the rejection was technical non-infringement, Samsung’s other assertions of 3G/UMTS patents in Germany could still succeed. However, if the reason was patent exhaustion, all but one of the four remaining Samsung lawsuits in Germany (one over two patents unrelated to 3G, including a smiley input patent) would likely be thrown out as well.

The Korean company has an option to appeal to higher courts, but it isn’t known whether it would do so. Both Apple and Samsung have enough cash to fund their legal pursuits (Apple has reportedly spent more than $100 million) and neither one has enough leverage over the other, as Mueller notes.

Samsung has filed three other lawsuits against Apple in Germany, citing  infringement of five other patents, one out of which relates to the way smileys are entered on a mobile device. Apple isn’t far behind, having filed multiple lawsuits against Samsung claiming infringement of six of its patents.

A hearing for Samsung’s third lawsuit is scheduled for 2nd March.

[via FOSS Patents, Reuters]

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