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Apple Vs Samsung: They May Have Won The Battle, But They Haven’t Won The War

August 31, 2012
Image Credit: Apple

Michael Harper for redOrbit.com — Your Universe Online

Life can´t always be $1 billion rewards and preliminary injunctions.

Though Apple came out the victor in the American leg of their world-wide legal tour, a Japanese court has ruled Samsung did not infringe on Apple patents.

Rather than focus on issues of design patents and trade dress, this trial focused on Apple patents concerning the synchronization of music and video with data servers, as is found in their synching service iCloud.

After the verdict, Tokyo District Judge Tamotsu Shoji then ordered Apple to foot the bill for all legal costs incurred by Samsung in this battle. Now, Samsung shares have risen once more, and have removed any earlier loss from the California decision, according to Bloomberg.

“It´s hard to believe the products belong to the range of technologies of the claimant,” said Judge Shoji as he handed down his ruling against Apple.

While they were handing out lawsuits to Samsung all over the globe last year, Apple sued the Korean company in Tokyo for infringement of their synchronization patent. According to Apple, the Galaxy S, Galaxy Tab and Galaxy S II infringed upon this patent, and sought 100 million yen ($1.3 million) in damages.

Now, with the ruling handed down and Samsung shares recovering from their loss, some analysts see this latest court decision as a bit of momentum for Samsung.

“This will likely turn the tide in favor of Samsung,” said Tarus Investment Securities Co. analyst Kim Hyung Sik, speaking to Bloomberg. “Samsung had this win in a country that´s strong at intellectual property. The mood is turning positive  for Samsung.”

According to a statement made by the Japanese court, Samsung´s method of synchronizing media data between devices across servers involves a piece of software called Kies.

Much like Apple´s own iCloud, Kies keeps movies, music and photos between devices, such as laptops, smartphones and tablets. Apple had argued that Kies worked by measuring the length of content in the file to determine if it needed to be synced. Samsung argued otherwise, saying Kies distinguishes a file by its name and size.

Shortly after the verdict, Samsung issued a statement to All Things D, saying they are pleased with the Tokyo verdict.

We welcome the court´s decision , which confirmed our long-held position that our products do not infringe Apple´s intellectual property,” reads the statement.

“We will continue to offer highly innovative products to consumers, and continue our contributions towards the mobile industry´s development.”

Elsewhere in this global battle of the tech titans, a Seoul Central District Court ruled both companies had violated one another´s patents and, as such, had phones and tablets from both companies banned in South Korea.

On the Apple side, the iPhone 3GS, iPhone 4, first generation iPad and iPad 2 were banned. Samsung was told to stop selling 12 of their products, including their Galaxy S devices and Galaxy Tab. In addition to the bans, Apple was made to pay Samsung 40 million won ($35,000), while Samsung was made to pay Apple 25 million won, or $22,000.

Meanwhile, in the US, Apple and Samsung will head to their injunction hearings in September to determine which, if any, Samsung phones will be banned for sale in the US.


Source: Michael Harper for redOrbit.com – Your Universe Online



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