Samsung loses Japanese suit against Apple
By Hayley Tsukayama,
Samsung lost a bid to block sales of the iPhone and iPad in Japan when a judge ruled that the Korean firm didn’t negotiate in good faith with Apple before bringing the case to court.
As Bloomberg reported, the judge in the case ruled that Samsung didn’t try hard enough to negotiate with Apple, and also rejected its right to seek damages from the Cupertino, Calif., firm.
A Samsung spokesperson said the company is disappointed with the decision.
“Following a thorough review of the ruling, we will take the measures necessary to protect our intellectual property rights,” the company said in a statement.
Apple declined to comment on the suit.
The development is the latest in a series of lawsuits around the world between Apple and Samsung, the two biggest smartphone makers in the industry. Both companies have logged wins in courts around the world. Apple won more than $1 billion in damages from Samsung during a high-profile case in California last summer, as well as in a September 2012 case at the International Trade Commission. Samsung, meanwhile, had won a separate Japanese ruling in August.
Samsung also prevailed in a British case in which the judge ruled that Apple had to apologize to Samsung for insinuating that it had copied its intellectual property. When Apple took a first crack at the apology, citing other court decisions that had found evidence of infringement, the court ruled that Apple had to reissue the apology.
That case got new publicity Thursday after patent blogger Florian Mueller noted that a judge involved in that case, Sir Robin Jacob, was listed as an expert witness in a separate Samsung action against Ericsson. Mueller noted that there’s no evidence of impropriety — in fact, Jacobs retired from the court in 2011 but was invited to sit in on the case between Apple and Samsung — but went on to say that “this just doesn’t feel right.”
When asked about their decision to make Jacob a witness, Samsung confirmed the report: “Sir Robin Jacob is not a legal representative of Samsung Electronics. A highly reputed intellectual property expert and academic, Sir Robin has been contracted as an expert by a law firm that represents Samsung Electronics in its case against Ericsson.”
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