Nothing livens up an intellectual property dispute like a little sushi and some brazen hyperbole. In this week's Law and Apple, Apple opens up the legal floodgates in Japan, while Samsung strikes back at 'em with some Tolkien-esque banter.
Meanwhile, Google plays patent arms dealer in the escalating war between HTC and Apple, and a small communications company in Arizona might have bit off a little more than it could chew.
Here's what's Big in Japan, alright: Apple versus Samsung. According to a report from Reuters, Apple filed a suit last week with the Tokyo District Court seeking the suspension of sales of the Galaxy S and the Galaxy S II smartphones, as well as the Galaxy Tab 7 across the island. In addition to the ban, Apple is also seeking 100 million yen ($1.3 million) in damages.
Japan is just one of the many places that Apple and Samsung are dueling it out. Currently there are 19 lawsuits between Samsung and Apple, covering 12 courts in nine countries on four continents, including the U.S., Australia, Asia, and Europe.
Samsung CEO Choi Gee-sung tells Apple to bring it on.
Samsung's Galaxy S outsold the iPhone in Japan last year, and again during the first quarter of this year. No doubt this success has intensified Apple's legal pressure there, as well as emboldened the Korean smartphone manufacturer. Samsung's CEO, Choi Gee-sung, believes the legal battles with Apple are a key part to the epic "destiny" of Samsung.
"Samsung regards court battles with Apple as destiny," Gee-sung told reporters last week. "We are clashing with Apple in certain areas. Current situations will make us stronger." He also dismissed the possibility of any type of licensing deal with Apple, stating Samsung has no need to send such a "goodwill gesture" to Apple.
It doesn't sound this this one is going to settle anytime soon...
Well, that didn't take long. On September 1, Google sold nine patents to HTC. Not wasting any time, a week later HTC used four of those patents to sue Apple for infringement and five of the patents to file a complaint with the U.S. International Trade Commission, according to a report from Bloomberg. The patents were originally acquired by Google less than a year ago from Motorola, Openwave Systems, and Palm.
Google has not commented publicly on the transfer, but the move is clearly intended to show support for HTC and other Android manufacturers in their legal disputes with Apple. Google has been attempting to stay on the sidelines as multiple international lawsuits escalate, and enjoys the perception that they are somehow morally above lawsuits and infringement claims. By arming its best customers with intellectual property weapons to use against Apple, Google is trying to have its cake and eat it, too.
Apple probably has an app for that. (Illustration: Bloomberg)
History suggests that equipping one side in a fight against another while attempting to claim neutrality just doesn't work for long. Florian Mueller, a Munich-based consultant and intellectual property activist, commented that "Google knows that HTC is under tremendous legal pressure from Apple and clearly on the losing track" but that this latest play only "increases the likelihood of direct litigation by Apple against Google."
HTC, still open to a sit-down with Cupertino, may be hoping this latest action strengthens their position enough to bring Apple to the bargaining table. It may end up, however, with Google into the courtroom.
In June, the Phoenix-based iCloud Communications was all "Hey! You! Get off my cloud!" to Apple, and filed a lawsuit in the U.S. District Court of Arizona. The suit sought an injunction against Apple's use of the name iCloud, and, of course, an unspecified amount of monetary compensation. The company was fairly fired up, stating "Apple has a long and well-known history of knowingly and willfully treading on the trademark rights of others."
As of last week, not so much. The company voluntarily dropped the lawsuit "with prejudice and without costs or attorneys' fees to either party," and then went and changed its own name.
Mom always said to pick your battles wisely.
If you are seeking the services of iCloud Communications in Arizona, you will now find them listed as Clear Digital Communications. Their website is under construction, and a call to the company by the Phoenix New Times was answered by an employee who admitted he didn't know what the name of the company was anymore.
Adrian covers daily news as well as the weekly Law & Apple column for MacLife.com. You can follow him on Twitter, if you want to.
ebrainer1
September 14, 2011 at 2:12pm
Puh-leeze. Anyone who uses the i-Capital letter-word format is attempting to play off the success of apple's products, and everyone sees right through that.
