Samsung is trying to initiate patent litigation against Apple to prevent Apple's 3G products to be sold in Germany. Samsung Electronics will use some of the standards-based patents to fight against Apple, while Motorola Mobile has also done that before.
The initial attitude of the judge shows that the two lawsuits has the potential to pose a risk for Apple, but it does not necessarily mean that Samsung can prevent the sales of Apple's core products in Germany.
These two actions (http://www.metertestequipment.com/) will hold a hearing at the end of the January in the next year. Currently, Apple and Samsung Electronics are debating these patents are relate to Apple's what products. Some 3G enabled iPhone and iPad may be affected. Apple is making significant efforts to avoid these proceedings affect iPhone 4S, which would cause substantial impact on its performance. The German courts have recently responded to Motorola Mobile injunction against Apple, but it is not clear what the practical implication of the ban is.
In the lawsuit, the court needs to determine, after the component supplier has been granted patent, whether it is an infringement of a patent if Apple uses the baseband chip from these components suppliers in iPhone and iPad.
Apple initially used the baseband chip from Infineon, and Infineon received patent licensing from Samsung Electronics. After Intel's acquisition of Infineon's mobile chip business, Apple continues to use the Infineon baseband chip produced by Intel.
The agreement of Intel and Samsung Electronics may be different from the previous agreement with Infineon. One big problem is that "patent exhaustion", that is whether Samsung Electronics can sue Apple for its use of the Intel version of Infineon chip.
It is reported that Apple believes that Samsung Electronics declined to provide details of the agreement between Intel. In the CDMA version of iPhone 4 and iPhone 4S, Apple has turned to use Qualcomm's baseband chip.
In the lawsuit, the other main problem is whether Samsung should in the fair, reasonable and non-discriminatory manner to provide Apple patents. Samsung Electronics and Apple currently have patent litigation in nine countries, and Samsung may win in some countries.
The initial attitude of the judge shows that the two lawsuits has the potential to pose a risk for Apple, but it does not necessarily mean that Samsung can prevent the sales of Apple's core products in Germany.
These two actions (http://www.metertestequipment.com/) will hold a hearing at the end of the January in the next year. Currently, Apple and Samsung Electronics are debating these patents are relate to Apple's what products. Some 3G enabled iPhone and iPad may be affected. Apple is making significant efforts to avoid these proceedings affect iPhone 4S, which would cause substantial impact on its performance. The German courts have recently responded to Motorola Mobile injunction against Apple, but it is not clear what the practical implication of the ban is.
In the lawsuit, the court needs to determine, after the component supplier has been granted patent, whether it is an infringement of a patent if Apple uses the baseband chip from these components suppliers in iPhone and iPad.
Apple initially used the baseband chip from Infineon, and Infineon received patent licensing from Samsung Electronics. After Intel's acquisition of Infineon's mobile chip business, Apple continues to use the Infineon baseband chip produced by Intel.
The agreement of Intel and Samsung Electronics may be different from the previous agreement with Infineon. One big problem is that "patent exhaustion", that is whether Samsung Electronics can sue Apple for its use of the Intel version of Infineon chip.
It is reported that Apple believes that Samsung Electronics declined to provide details of the agreement between Intel. In the CDMA version of iPhone 4 and iPhone 4S, Apple has turned to use Qualcomm's baseband chip.
In the lawsuit, the other main problem is whether Samsung should in the fair, reasonable and non-discriminatory manner to provide Apple patents. Samsung Electronics and Apple currently have patent litigation in nine countries, and Samsung may win in some countries.
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