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http://www.macnn.com/articles/12/05/11/third.case.stayed.more.incoming/

Apple 'pinch to zoom' patent stayed in German court

updated 09:47 pm EDT, Fri May 11, 2012

 

Third case stayed, more incoming


A third Apple patent suit versus Samsung was stayed today pending the resolution of a separate required proceeding before Germany's Federal Patent Court. The stayed patent in question is a general patent that covers, amongst other things, the basic pinch to zoom interface action as found in OS X and iOS. The court that stayed the trial today is the first of two courts that operate in parallel, but on different timetables. One court is responsible for the scope of the infringement, and the other court is responsible for the validity of the patent.

To date, Apple has received three stays, and one dismissal versus Samsung in German courts. Any of the stays can be revisited in court if Apple's property rights are confirmed, so while not a loss for Apple, there is no victory for Samsung either. Full resolution in both German patent enforcement courts for the stayed and pending cases may take years rather than weeks or months.

Mannheim Judge Andreas Voss stayed Apple's second slide to unlock lawsuit in March. A second stay was made earlier this month for Apple's photo gallery page-flipping patent, regardless of a decision that established precedent and affirmed the patent in the Netherlands.


by MacNN Staff

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 iPhone, Germany, industry, Samsung, Apple, iPad
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Comments

  1. Bobfozz

    Fresh-Faced Recruit

    Joined: Jul 2008

    +4

    even though I am

    German by descent, this is intolerable that the German courts can't make up their mind. This is totally political. Somehow they are acting as if what Samsung did was wrong but there are so many Samsung "things" out there, how can we revoke it? Well guys you do it like this: "Samsung, you infringed. You can either stop making this stuff and using Apple's copied patents, and you can pay royalties for all you have made and sold in Germany, or, you will get a FINE so big you will go out of business.

    I am sure German law "caps" these things. As my Dad once said, the things Germany, in the past, was best at, was involving others in wars. Now it seems they are good at sitting on their hands. (Look at the mess in Greece.)

  1. testudo

    Forum Regular

    Joined: Aug 2001

    -2

    Re: even though I am

    I am sure German law "caps" these things. As my Dad once said, the things Germany, in the past, was best at, was involving others in wars. Now it seems they are good at sitting on their hands. (Look at the mess in Greece.)

    Um, that's Greece's problem. They lied and cheated and hid the state of their economy, and now they want Germany to bail them out?

  1. testudo

    Forum Regular

    Joined: Aug 2001

    -2

    Re: even though I am

    this is intolerable that the German courts can't make up their mind. This is totally political.

    They stayed the patent until it can be ruled on by the patent courts, which it says is required before they can rule. What do you want the court to do, just rule regardless of whether the patent is even validated?

    Somehow they are acting as if what Samsung did was wrong but there are so many Samsung "things" out there, how can we revoke it? Well guys you do it like this: "Samsung, you infringed. You can either stop making this stuff and using Apple's copied patents, and you can pay royalties for all you have made and sold in Germany, or, you will get a FINE so big you will go out of business.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    -2

    and....

    Mannheim Judge Andreas Voss stayed Apple's second slide to unlock lawsuit in March. A second stay was made earlier this month for Apple's photo gallery page-flipping patent, regardless of a decision that established precedent and affirmed the patent in the Netherlands.

    Um, just because it was affirmed in one country does not make it affirmed in ALL countries. If that were the case, there'd be some small country out there who'd set up a patent office to let you pay for affirmation, and "boom!" now you've got yourself an international patent and can start suing the likes of Apple all over the world.

    So, what's the equivalent of the eastern texas court system in Germany?

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