We thought patent cases couldn’t get any worse after Apple was granted an injunction to block the sales of the Samsung Galaxy Nexus. Obviously we were wrong. The courts in Dusseldorf have sided with Apple, posting an injunction against the Samsung Galaxy Tab 7.7, banning the sale of the tablet from all European countries. As with the sales ban on the larger Samsung Galaxy Tab 10.1, the 7.7 was found to infringe on an Apple design patent which can be traced back to internal company sketches from 2004. On a positive note, Apple was denied its appeal to force an injunction against the Samsung Galaxy Tab 10.1N, which was redesigned to not infringe on Apple’s patent.
While the injunction against the Samsung Galaxy Tab 7.7 could easily be circumvented with a new exterior design, Apple is hoping to have a more substantial impact on Samsung’s pocketbook in its upcoming court battle in California. Apple has never been shy about defending its patents in court, but this is the first time (to our knowledge) that the company has put a price tag on the alleged damages.
To make things easy for Samsung and the courts, Apple has divided up the claims into four different categories on a per-unit basis:
- $2.02 for devices using “overscroll bounce” ’318 patent
- $2.02 for devices using “tap to zoom and navigate” ’915 patent
- $3.10 for devices using “scrolling API” ’163 patent
- $24 for devices infringing an Apple design patent or trade dress right
Apple may have some luck with their technical patents, but we doubt the California court will be as eager to grant Apple a victory for any of its design or trade dress claims against Samsung.
I’m honestly bored out of my mind with all the patent cases these days and I’m sure the general public could care less about Apple’s “overscroll bounce” or “scrolling API” patent. Will this madness ever stop?