Coming off a successful court ruling banning Samsung’s Galaxy Tab in most of Europe, Apple apparently is suing Motorola over the Xoom, Wednesday reports say. However, some warn Apple’s strategy of lawsuits to protect market share carries a costly risk.
Tuesday, a German court ordered a preliminary injunction, banning Samsung from selling the Android-powered Galaxy Tab 10.0 in most of Europe, outside of The Netherlands. This followed a sales injunction against Samsung in Australia, both arguing the tablet infringed upon patents the Cupertino, Calif. company owns. Now comes word Apple has moved its patent dispute with Motorola, maker of the Android-powered Xoom tablet to Europe, as well.
The fallout from the series of court moves was swift. Samsung responded the injunction filed in Germany came about with no notice, no hearing or no opposing evidence from the Galaxy Tab manufacturer. “We will take all necessary measures to ensure Samsung’s innovative mobile communications devices are available to customers and around the world,” the company told CNET Tuesday afternoon.
The comment was reminiscent of those Android’s Google made last week about Apple’s $5 billion purchase, along with Microsoft, of a cache of Nortel patents. “Patents were meant to encourage innovation, but lately they are being used as a weapon to stop it,” said David Drummond, legal chief for the Mountain View, Calif. Internet giant.
Patent experts talking with Reuters also warned Apple is playing a high-risk stalling action to protect market share in burgeoning tablet sales. “Apple has a strategy of filing patents, getting some protection and trying to prevent other people from entering the market in the short-term,” said Nathan Mattock, a patent lawyer in Sydney, Australia. Mattock notes to convert the temporary injunction into a permanent ban, the iPad maker will need to provide more evidence that the Samsung Galaxy Tab does indeed infringe upon the leading tablet.
“So, they aren’t done deals,” Mattock noted. “And if Apple loses, it will owe Samsung a lot of money,” the lawyer warns. If Apple loses, the company will have to pay Samsung for lost business, reports say.
As we’ve reported in the past, patents are becoming a competitive weapon. But like all weapons, most are double-edged.
