War of the patents: justice returns Samsung and Apple back with back

the judge in load of the business refused the applications of the two parts and pleads for an agreement by amicable agreement.

Null match, ball in the center. The first sleeve of the war of the patents between Apple and Samsung returns the two back parts to back. Judge Lucy Koh thus refused the applications of access to the products of each one in order to check that they do not violate patents.

Recall of the facts. Last April, American shows South Korean violation of patents and mark by showing it to have copied the iPhone and the iPad with the products of the Galaxy range.

A few weeks later, Samsung counter-attacks and deposits a series of complaints concerning the violation of technological patents. At the end of May, Apple gains a first victory. Samsung is obliged by justice to provide to Apple specimens of its smartphones and current shelves and to come so that the apple (makes its lawyers of them) can appraise them and judge so yes or not they violate some of its patents.

Réciprocité

Samsung then requires the reciprocity of this measurement. The manufacturer thus posed a complaint in order to be able to also reach to him the future terminals of Apple: iPad 3 and iPhone 5 (or 4S). A roof for Apple which maintains its secrecies so jealously and which speaks about “harassing”.

But the judge estimates that this request “went too far”. For as much, it also débouté Apple which required the pure and simple prohibition of the marketing of the Samsung products accused of the United States.

The magistrate indeed explained why the products aimed by Apple “would be exceeded soon”. Consequence, the request for Apple is not admissible. But nothing will prevent justice from requiring the expertise on the future Samsung products to check if they constitute or not a plagiarism.

While waiting, judge Lucy Koh, obviously wearied by this guéguerre according to Reuters would have pled for an agreement by amicable agreement between the two groups (traditional procedure in this type of files). Apple would have indicated besides that direct discussions are in hand. A declaration contradicted officially by Samsung.

The South Korean one seems to want to play the chart of the determination. Remain that the two companies are above all the partners and Samsung, important supplier of Apple in components could lose large in this business.

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