UPDATED 11:25 EDT / SEPTEMBER 09 2011

Tech Giants Epic Patent Battle Raises Questions for Android, Backlash for Apple

For the past few weeks, we’ve been hearing about these mobile patent wars defining the future of the mobile industry.  The most recent development is Apple’s success after filing for an injunction with the German courts, forcing Samsung to remove the Galaxy Tab 7.7 from the IFA consumer electronics show in Berlin, Germany.  The court order marks a major coup for Apple, and sets a precedent for mobile patent lawsuits around the globe.

Apple has been accusing the South Korean company of “slavishly” copying the design and certain functionality of the iPad and the iPhone.  Apple said that its rival, rather than innovating, chose to copy Apple’s technology, user interface and unique style.  Apple has filed patent infringement suits against Samsung in three continents.

Aside from the ruling in Germany, Apple obtained a delay of the release of the Galaxy Tab 10.1 in Australia.  It also obtained a ruling banning the sale of the Samsung Galaxy S smartphones in the Netherlands.  Apple is seeking an injunction in other countries.

Microsoft’s licensing tactics

Meanwhile, Microsoft has announced yesterday that it has reached patent licensing agreements with Acer and ViewSonic that cover Android smart phones and tablets.  These companies join HTC and several others in paying Microsoft for each deployed Android device.  The agreement with Acer covers Microsoft’s patent portfolio for Acer’s tablets and smartphones running the Android platform.  The agreement with ViewSonic covers Microsoft’s patent portfolio for ViewSonic’s tablets and mobile phones running the Android or Chrome platforms.  The licensing agreements announced this week sound similar to deals Microsoft struck with other companies. In April, for instance, HTC, a major Taiwanese smartphone maker, agreed to pay Microsoft a reported $5 per Android phone.

Apple backlash

Moreover, Google has launched a massive legal counteroffensive against Apple. Google’s strategy is to hand over the rights to patents it has acquired to smartphone makers using its Android operating system for smartphones and persuading them to sue Apple for patent infringement.

Apple has already lost a major battle in Europe, where a Dutch court invalidated all of its iPad designs and patents.  The court found a Samsung’s phone to be infringing upon a minor patent.  The court gave Samsung 7 week and 1 day’s time to fix the problem or an injunction will come in force.  It was a total loss for Apple. But, some propagandists presented the story as Apple’s victory.

Apple is already suing HTC as well as Samsung Electronics and other smartphone makers using the Android OS. Industry watchers say the move signals Google’s determination to fight back in the patent war after it was criticized for standing watching from the sidelines as its clients get pounded by Apple’s lawsuits.


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