Apple potentially has the ability to block shipments of any Android device in Australia
As you know, Apple and Samsung are leading a rather long struggle for intellectual property around the world. At first there was a real epic with blocking sales of the Samsung Galaxy Tab 10.1 tablet in Europe, then canceling the decision with the replacement with a lock in Germany, protracted proceedings in the Netherlands, threats from Samsung to ban Apple iPhone 4S in Korea, France and Italy, a whisper in Australia, Apple's claim to Samsung at ITC (USA). In general, the struggle on all major geographic fronts. As a result, Apple won an interim victory in Australia. Judge Annabelle Bennett decided to block the same long-suffering tablet in Australia, which caused a real storm of indignation among Apple lawyers who tried to appeal to the judge, claiming that prohibiting such a formulation costs the banal device renaming. However, the judge remained adamant. But Samsung’s problems are just beginning. As you know, Apple has long stated that it will not make all claims at once, but gradually, increasing the volume of requirements. So, Apple keeps its word and laid out its trump cards, among which is the patent in the development of which Steve Jobs himself took part.
A new round of confrontation is laid down by two fundamental patents of Apple:
one). Patent 2005246219 , which talks about ... a multi-point touch screen.
2). Patent 2009233675 , which explains the methods of managing a graphical user interface on touch displays.
According to Florian Muller, an expert in intellectual property, these patents provide an opportunity to block any new device running Google Android in general. And, judging by the description of the patents, then Apple can block all communicators running any system that have multitouch support in general. If it turns out that Samsung really violates these patents, then vendors have serious problems. To bypass patents, apparently, it is possible, but the devices will become unattractive for the end user, for example, by removing the multitouch, replacing it with a touch-type pinch-to-zoom slider. Formally, this solution, but automatically discards all manufacturers to the level of 2004-2005, besides, it is possible to adapt the system to this approach, but the applications are difficult, especially the games, for the most part, clumsily work if there is no multitouch.
True, Mark Summerfield, an Australian intellectual property expert , said that Apple is simply not profitable to pursue every manufacturer, because according to Australian law, they will have to pull the rubber with each manufacturer in court, or apply directly to Google to court. Therefore, most likely Apple just fills the price for the conclusion of contracts on patent deductions. In addition, such a decision will be a terrible test for microeconomics, as it will hit Australian retailers, who simply lose the opportunity to sell communicators and tablets, different from Apple, which will cause an influx of gray products that bypass all certifications, fees and taxes that go to other countries. .
The only chance to resist Apple's patents is the application for revocation and revocation of these patents, which will be a very nontrivial task for Samsung lawyers, who will have to prove that Apple has patented an absolutely obvious solution. In addition, this procedure requires a very long bureaucratic delay, to which Apple itself will add, obviously not burning with the desire to part with such trumps. And, given the case of the patent for a wheel in Australia, it’s very difficult to believe Samsung’s victory in such a case.
The next meeting will be held on November 1, but it will not carry any fateful decisions, and the main proceedings will take place only next year. In Australia, Apple is still dominating, and no progress is expected in the coming month, so it remains to move to the US, where Google is at war with Oracle, Motorola is fighting and losing to Apple and Microsoft, and Foxconn and Barnes & Noble are desperately defending from Microsoft without any particular hopes of winning.
A new round of confrontation is laid down by two fundamental patents of Apple:
one). Patent 2005246219 , which talks about ... a multi-point touch screen.
2). Patent 2009233675 , which explains the methods of managing a graphical user interface on touch displays.
According to Florian Muller, an expert in intellectual property, these patents provide an opportunity to block any new device running Google Android in general. And, judging by the description of the patents, then Apple can block all communicators running any system that have multitouch support in general. If it turns out that Samsung really violates these patents, then vendors have serious problems. To bypass patents, apparently, it is possible, but the devices will become unattractive for the end user, for example, by removing the multitouch, replacing it with a touch-type pinch-to-zoom slider. Formally, this solution, but automatically discards all manufacturers to the level of 2004-2005, besides, it is possible to adapt the system to this approach, but the applications are difficult, especially the games, for the most part, clumsily work if there is no multitouch.
True, Mark Summerfield, an Australian intellectual property expert , said that Apple is simply not profitable to pursue every manufacturer, because according to Australian law, they will have to pull the rubber with each manufacturer in court, or apply directly to Google to court. Therefore, most likely Apple just fills the price for the conclusion of contracts on patent deductions. In addition, such a decision will be a terrible test for microeconomics, as it will hit Australian retailers, who simply lose the opportunity to sell communicators and tablets, different from Apple, which will cause an influx of gray products that bypass all certifications, fees and taxes that go to other countries. .
The only chance to resist Apple's patents is the application for revocation and revocation of these patents, which will be a very nontrivial task for Samsung lawyers, who will have to prove that Apple has patented an absolutely obvious solution. In addition, this procedure requires a very long bureaucratic delay, to which Apple itself will add, obviously not burning with the desire to part with such trumps. And, given the case of the patent for a wheel in Australia, it’s very difficult to believe Samsung’s victory in such a case.
The next meeting will be held on November 1, but it will not carry any fateful decisions, and the main proceedings will take place only next year. In Australia, Apple is still dominating, and no progress is expected in the coming month, so it remains to move to the US, where Google is at war with Oracle, Motorola is fighting and losing to Apple and Microsoft, and Foxconn and Barnes & Noble are desperately defending from Microsoft without any particular hopes of winning.
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Source: https://habr.com/ru/post/130544/
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