A Tokyo District court has rejected Samsung Electronics’ injunction request to implement a sales ban on the iPhone, The Asahi Shimbun reports. The court, in its verdict, noted that there has been no patent infringement by Apple’s unit in the country.
In its complaint, Samsung had alleged that Apple’s iPhone 4 and iPhone 4S smartphones used its patented technology in Japan, pertaining to downloading an app to add new functions to a smartphone and the airplane mode, which turns off the phone's communications without powering it off during flight.
Interestingly, in a September 14 ruling, the court had stated that the iPhone's app technology is different from Samsung's. Only a couple of days ago, the court ruled that the iPhone did not infringe on the other Samsung patent in question, either. At the time, it ruled that the airplane mode function wasn’t a significantly new development, but an extension of past innovations.
Can sell in Japan
An appeals court, in its latest judgment delivered a couple of days ago, reiterated that Samsung did not copy Apple’s iPad designs while designing its Galaxy Tab, ordering Apple to make a public apology in the process. The judge has given directions about how the apology has to be tendered. Gizmodo reports that as part of its public apology to Samsung, Apple will have to print notices on its website and in newspapers, and also explain why it is apologising. Apple has to get the notices printed using the Arial font, with a font size no smaller than 14 points.
In July this year, Apple had been ordered by Judge Colin Birss to publish a notice on its UK website, and in British newspapers to inform consumers that the Galaxy Tab's design has not been copied from the iPad. The notice that Apple had been asked to publish was to highlight the court's July 9 decision, wherein it affirmed that Samsung’s Galaxy tablets do not infringe upon Apple’s patented designs. At the time, reports revealed that, "The order means Apple will have to publish “an advertisement” for Samsung, Richard Hacon, a lawyer for Cupertino, California-based Apple, told the court. “No company likes to refer to a rival on its website".
Recently, a US court made ineffective a temporary sales ban against Samsung Electronics Co Ltd's Galaxy Tab 10.1, in time for the run-up to the pivotal holiday shopping season. In its statement, Samsung shared, "We are pleased with the court's action today, which vindicates our position that there was no infringement of Apple's design patent and that an injunction was not called for".
Apple recently won after what had been one long battle and Samsung Electronics is to cough up compensation to the tune of a staggering $1.05 billion. It is a big win for the company. A copy of the email that Apple CEO, Tim Cook, sent out to his employees is circulating on the Internet. Incidentally, Cook also completes his one year on the job today. In the e-mail that Cook sent out to his employees after the big win, he wrote how that lawsuit has been about values, more importantly than patents or money. He adds that the lawsuit came into being only after repeatedly asking Samsung to stop copying Apple's work.
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