Looks Like Samsung Loses Again

US Federal Judge Lucy Koh said that Samsung’s Android Galaxy tablets and smartphones infringe Apple patents and can be barred from sale in the states if Apple’s patents prove valid. Apple claims that Samsung “slavishly” copied its widgetry and Samsung’s own lawyer couldn’t tell the difference between them in court from a few feet away when the judge held them up. Still, the judge did deny Apple an immediate injunction on one of its so-called “utility” or “scrolling” patents – at least tentatively – and made no decision on the “design” patents that obviously upset her. She said she would soon ahead of any a full-blown trial. Apparently she could go either way. Samsung has also lost its 3G patent claims in Holland Friday. It was trying to get an injunction against Apple tablets and smartphones based on standards-essential FRAND-unencumbered patents. It was basically laughed out of the court, which decided the royalties Samsung was asking was way too much to meet fair, reasonable and nondiscriminatory (FRAND) terms. The court said if Samsung makes Apple a fair and reasonable offer and the companies still can’t reach an agreement then Samsung can file a new injunction motion. FOSS Patents figures Samsung will eventually have to try to settle with Apple on Apple’s terms, which will probably mean a redesign, removing functionality and paying royalties on patents Apple is willing to license. The blog says Motorola Mobility’s patents are also FRAND-pledged so Google can’t get much protection there. By the way, MMI just cut the price on a 16GB version of its Xoom tablet to $379, down from $499 for its usual version and undercutting the entry-level iPad by $100. MMI reportedly shipped 690,000 Xoom tablets in the first half. There’s a hearing in France in a few days on a Samsung motion for a preliminary injunction against the iPhone 4S also based on 3G standards patents. Apple did suffer one clear reversal. The Australian court that just gave Apple the temporary injunction against Samsung’s Galaxy Tab 10.1 tablet that it wanted denied it an injunction against any Samsung tablet and said it couldn’t have an early glimpse of such a device before its release.

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