Samsung Infringes says US Judge but Apple Must Prove Patent Validity

And the dispute over patent infringement continues between Apple and Samsung, this time in the United States, where Apple sued Samsung back in April over supposed copying the look and feel of the iPhone and Apple iPad, and apparently Samsung does infringe on Apple patents.

However, although Judge Lucy Koh has said that Samsung does infringe on Apple patents she has also said that Apple might have a problem establishing the validity of their patents reports an article over on Reuters.

I’m sure you are all aware of the battle over patents and Apple’s accusation that certain Samsung smartphones and tablets copy their iOS products with Apple wanting such products banned in the United States as the Samsung Galaxy Tab 10.1 and the Galaxy 4 4G.

Both Verizon and T-Mobile came down on Samsung’s side in the fight telling the court that Apple’s request to have Samsung gear banned is against the public interest and would have an effect on their sales in the run up to the busy holiday shopping season.

Whilst yesterday the fight in Australia went Apple’s way with the Australian judge placing a temporary ban on Samsung selling the products in question in that country.

However, although Koh says Samsung does infringe, Apple must now show that their patents are “valid under law,” and also the judge denied Apple’s request for an injunction based on “one of Apple’s so-called “utility” patents,” however Koh didn’t state if she will grant the injunction due to 3 Apple “design” patents.

Apparently Koh’s decision on the utility patent is “tentative” and she will deliver a more formal ruling fairly promptly.

I’m not too sure on just how US law works, but I would have thought that if there was some question as to whether Apple’s patents are “valid under law” then surely any temporary ban shouldn’t be forthcoming until such time as those patent in question are validated?

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