Law & Apple: Samsung Wins, Fires Up New Lawsuit and HTC Loses Early Decision
Posted 10/20/2011 at 8:02am
| by Adrian Hoppel

As the major infringement lawsuit between Apple and Samsung in the United States begins to narrow its focus, Samsung begins maneuvering to block the sale of the iPhone 4S overseas. And HTC, which in May asked the International Trade Commission to ban the importation of the Apple iPod, iPhone, and iPad in the United States, gets an answer -- though likely not the one they were hoping for. All of this and more in today's Law and Apple.
Apple vs. Samsung
U.S. District Judge Lucy Koh dismissed several of Apple’s antitrust claims against Samsung, including the claim that Samsung misrepresented its intent to license certain patents on fair terms. According to the ruling, Apple can revise its complaint and resubmit the claims.
This is a small win for Samsung, though of course it was hoping to have all of Apple's antitrust claims dismissed. Many of the more significant claims are still under consideration, and the fact that Apple can resubmit tweaked versions of the dismissed claims must be a disappointment for Samsung. And the elephant in the room remains, as Koh did not yet rule on the larger request of Apple to block Samsung from selling its Galaxy mobile devices in the United States.
Samsung, apparently eager to escalate the legal battles between the two companies, opened new lawsuits in Japan, Australia, France, and Italy to block the sale of the new iPhone 4S in those countries.
We Are Only Hurting Ourselves.
The legal battles between Apple and Samsung appear to be intensifying, though several analysts believe that a resolution is not only still possible, but just around the corner. Recent reports indicate that Apple will use Samsung to manufacture the alleged A6 processor chip for the next iPhone, a move which would underscore the fact that both companies need each other for continued success, and these legal disputes have the capacity to hurt the bottom lines of both companies, regardless of who wins and who loses.
Apple vs. HTC
HTC was swinging for the fences earlier this spring with a massive ITC claim against Apple that aimed to block the sale of iPods, iPhones, and iPads in the United States. The company may have just struck out, though, as ITC administrative judge Charles Bullock found “no violation” by Apple of the four HTC patents critical to the claim. The ruling stated that the HTC patents involving power management and phone dialing were in fact valid, but that Apple did not infringe on them in any way.
In February, a full ITC committee will decide whether or not to uphold the administrative judge’s opinion.

Apple can still sell iOS devices in the United States. Phew.
To the surprise of no one, this ruling will allow the continued sale of the Apple mobile devices in the United States.
Adrian writes the weekly Law & Apple column for MacLife.com. You can follow him on Twitter or subscribe to him on Facebook, if you want to.