Samsung seeking injunction against Apple's 3G products in Germany


Samsung has made a next step in its legal battle with Apple, having initiated new efforts to ban Apple’s 3G products in Germany. Now Samsung and Apple are arguing over what devices might be covered under the injunction Samsung seeks, which would include a prohibition of sales of iPhones and iPads with 3G features. Apple is now doing its best to protect the iPhone 4S from consequences of the injunction that might be granted. This time Samsung plans to use the same methods and patents that Motorola used recently. The German court granted Motorola Mobility an injunction against Apple covering its German sales.

Now Samsung raises questions that include whether Apple is infringing patents that were licensed by the component manufacturers.

At question is "patent exhaustion," whether Samsung can sue Apple for infringement in using Intel's version of the Infineon chips sold since January 2011, or whether Samsung's rights to sue over patents are "exhausted" after being licensed to a third party building the components.

The second issue in the case is standard-essential patents that Samsung uses. As far as we know, Samsung sued before trying to reach a licensing agreement with Apple. Apple noted that Samsung has never claimed infringement over any of its standards-essential patents "until it decided to retaliate for Apple's assertions of non-standards-related patents."

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