The “Samsung Galaxy Note II – Phone? Tablet? Best of Both.” Well, if the answer were left up to Apple, the answer would probably be “C” – None of the Above… No phone.. No tablet.. Nothing at all.
Late last year a 3 judge panel denied Apple’s pre-trial request for Samsung’s Galaxy phones to be banned. The judgment by the first 3 judges allowed Samsung products to remain on store shelves while the legal battles ensued though. Something Apple vehemently opposes. The legal battles refer to claims by Apple that Samsung violated their global smartphone technology patents. Now Apple has requested that a nine person panel of Federal Circuit judges reconsider the initially denied request.
Despite Apple accusations that Samsung violated patent laws, Samsung is pleading with American courts to continue to allow their Galaxy phone to be sold in America, and they probably have valid reasons for their request.
By all apparent reasoning, it can be seen that Apple and their attorney’s are attempting all they can to remove any and all Samsung Android based products from the market. Samsung’s Galaxy smartphones and tablets are the world’s best selling Android devices and as all reports show, Apple is having a difficult time competing against them, especially in the international smartphone markets where Android now leads with more than a 51% market share. Now, Apple claims that the best-selling Android company, Samsung, has somehow stolen technology that Apple now claims critically endangers the iPhone’s success.
Apple may have patent infringement credibility issues that may very well now be working against them though.
Late last year a U.S. Patent of great significance was revoked. A patent that Apple once held and esteemed. Revoked was a now infamous Swipe / Zoom patent (see “USPTO Invalidates The Major “Pinch-to Zoom” Apple Patent“). That was just late last year, but organization world-wide have been crying out for stricter patenting law enforcement from the USPTO as Apple attempts to patent anything it can touch (see “Turn The Page & Well … We Just Might Sue You“)
Now, just a few days ago Dutch courts dealt another blow to Apple patent credibility when they ruled that the Samsung Galaxy tablets do not infringe on Apple design patents, something else Apple claimed Samsung had violated. Apple was essentially claiming that any “rectangular tablet with rounded corners” (like the Samsung Galaxy) belonged to them. As such, Apple was trying to prevent the sale of the Samsung tablets in that region of the world. The Dutch ruling didn’t go for it and the judgment went in favor of Samsung. Samsung said the following on the matter:
“We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners and that the origins of Apple’s registered design features can be found in numerous examples.“