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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  • MOY

    • !!! Hip hip hooray !!! •

    • OMG… I can’t believe someone it’s happy with this. Not everything is about patent rights… It’s about free of knowledge… Doesn’t matters who wins or losses, we users are the most damnified with this kind of thoughts.

      • Me

        Get a fcking life

        • I already have a fcking live, I spent my life fcking

          • JB


  • Me

    Spent or spend?

    • Me

      Live or life?

      • MOY

        Fcking PerFectionist ! You Get The idea ..We All do!!! live and let live.

  • Sorry, I was writing and fcking at the same time… I prefer to doing a typo than missing the “point”

  • Out of jokes: the thing is, with all the SOPA and PIPA movement, the final users are going to loose the battle because companies like Apple, Microsoft, MPAA and RIAA prefer to earn money than share knowledge. Get some info about FOSS and Anonymous. “You can’t stop the signal”

  • Nosferatu

    Apple rather litigate than innovate these days…so sad.

    • Samsung would rather imitate than innovate… sad.

      • 4ron

        Apple is some huge arrogant company . With millions blind followers , bytheway with all that profit they make they rarely do any charity work that is sad

        • cat lover

          I don’t care if apple don’t give a thing to charity. the problems of orphans and people in third world countries are them of their own not apples. As long as apple isn’t sponsoring the next haulocaust who cares what apple does with its money.

  • iOS 5 Notifications already existed on Android First Versions several years ago, so don’t say only Apple innovates, all companies re-use things they’ve invented.

  • fas

    This has no solution, an endless battle of sorts

  • Allen J Smith

    Does anyone know how to check the manufacturer date of a black iphone 4s 32 gig from Att