Printed from http://www.electronista.com

Apple yanks patent claim versus Samsung Galaxy S III Mini

updated 03:57 pm EST, Fri December 28, 2012

Withdrawal based on Samsung promises to not sell handset in US

Apple has filed to exclude a new Samsung phone from its next smartphone patent trial with the Korean manufacturer. The complaint against the Galaxy S III Mini has been withdrawn, according to a court filing in the US District Court in San Jose, CA. Samsung claims to not be "making, using, selling, offering to sell or importing the Galaxy S III Mini in the United States," despite Apple being able to procure samples through authorized retailers such as Amazon.

European sales of the Galaxy S III Mini commenced in November, with the device aimed at the target market of the iPhone 5. Apple added the device to the second suit in November, along with several models of tablet.

Apple has agreed to withdraw the patent claims based on Samsung's promises to not offer it in the US, with the condition that "the current withdrawal will not prejudice Apple's ability later to accuse the Galaxy S III Mini if the factual circumstances change" presumably referring to a future release of the phone in the US.

The pair of suits were brought by Apple after Samsung ignored warnings in 2010 from both the iPhone maker and its rival Google that Samsung's products were too derivative of Apple's designs in both trade dress and software. Apple has accused the company of "slavishly" copying from its innovations, down to the particular shade of green used in the identical "phone" icon.

Samsung countersued Apple, claiming it had in fact infringed on two of Samsung's patents, for which it asked for $400 million in compensation. The claims from Samsung were wholly rejected by the first trial jury, and the company was awarded nothing. Apple was awarded $1 billion in damages, which could still be tripled if determined to be wilful infringement.

The jury trial that the devices were added to today spawned the sales injunctions on the Galaxy Tab 10.1 and Galaxy Nexus smartphone. The second trial is likely to take place in late 2013 or 2014.



By Electronista Staff
toggle

Comments

  1. ElectroTech

    Fresh-Faced Recruit

    Joined: 11-26-08

    Please don't reward Samsung for 'slavishly copying' Apple products. BOYCOTT ALL SAMSUNG CONSUMER PRODUCTS.

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

toggle

Most Popular

Sponsor

Recent Reviews

D-Link Wi-Fi Smart Plug

Home automation fans have been getting their fair share of gadgets and accessories in the last few years. Starting with light bulbs, a ...

Razer Kraken Pro headset

Gaming headphones are a challenge to get right, for a long list of reasons that are unique to the consumer buying them. Some shoppers ...

Patriot Aero Wireless Mobile Drive

Regardless of how large a tablet you buy, you always want more space. There's always one more movie or another album you'd cram on, if ...

Sponsor

toggle

Most Commented

 
toggle

Popular News