One week after dismissing Samsung’s first German patent infringement lawsuit against Apple, the Mannheim Regional Court also rejected Samsung’s second complaint, reports “FOSS Patents” (http://fosspatents.blogspot.com/).
“For Samsung, this outcome must be disappointing. But the Korean electronics giant is known for its fighting spirit and unlikely to back down,” writes Florian Muellers for “FOSS Patents. “It remains to be seen whether Samsung will appeal any of these rulings to the Karlsruhe Higher Regional Court. Presumably, Samsung will have to analyze the reasoning behind this decision in order to decide on a possible appeal.”
This is the latest development in the ongoing battle. Earlier this month, in Italy, Judge Marina Tavassi of the Tribunale di Milano — the Milan-based Italian first-instance court for patent cases — rejected a Samsung request for a preliminary injunction against the sale of the iPhone 4S in Italy.
Samsung has sought to ban the iPhone 4S in France and Italy for patent infringement. The company filed motions with courts in Paris and Milan seeking the ban, each citing two patent infringements on wireless telecommunications technology.
Samsung claims the iPhone and iPad that use 3G technology infringe Samsung patents. Meanwhile, in September Apple said in a Hague court hearing that Samsung is holding them “hostage” by asking for 2.4% on each 3G chip used in the iPad and iPhone. Samsung is deliberately misusing both the royalty rate and the responsibility for its payment to try and oppose its lawsuit, says Apple.