Samsung and Apple have been engaged in battle this year, especially in the past several months where Apple has blocked Samsung from being able to sell their Galaxy Tab 10.1 tablet computer in Australia and Germany. This has thwarted plans that Samsung had to grow their market share. Lately, Samsung has been on the offense with their latest action being an attempt to block the iPhone 4S from selling in France and Italy. They are claiming patent infringement of two 3G patents which they hold and if they can get the courts to issue a temporary injunction against Apple, it will stop them from selling the iPhone 4S they announced on Tuesday.
Now word is coming out where Samsung is going after the Apple iPad as they continue to do battle in what looks to be a long running war between the two companies which is being fought in many different countries around the world. This latest action is being reported by Yonhap News Agency where they are talking about efforts to have the European Union void rights that Apple has for the iPad. This one is interesting because they are attacking the basis of many of Apple’s claims against Samsung.
This was filed by Samsung on August 9th, but is now being reported almost a month later. This was filed with the Office for Harmonization in the Internal Market which is a pretty long sounding name and is located in Spain. This group is response for all European countries and checks the rights for trademarks and designs. If they can get the OHIM to determine that Apple does not have rights to some of the designs that they filed, it will give Samsung much greater strength in defending themselves against Apple in the EU. While Apple filed their design for the iPad back in May 2004, the idea of having it invalidated appears to be a new strategy for Samsung.
If Samsung is able to get a determination in their favor, it will remove the primary basis for cases that Apple has against Samsung in multiple locations in Europe. It is not a sure thing for Samsung, but is another of their moves on the offense against Apple. The two companies have been essentially at war since all of this began earlier in the year in the US and has been spreading to many different countries ever since.
For Samsung, they have been a supplier of chips to Apple for their mobile devices and due to the legal battles that are going on, Apple has been making decisions to find sources other than Samsung for the chips that are currently being supplied by Samsung. That is another one of the casualties of the war between the two companies.
As things have escalated between the two, it does not look like they are at a point to settle their disputes right now as Apple has been winning where the courts have issued decisions on temporary injunctions. If Samsung is able to prevail on their recent efforts against the iPhone 4S and now the iPad, it may change the whole situation and Apple may be more willing to get things settle so that both companies can move forward.
For the moment, both seem to be entrenched in their positions and in no mood to talk about settlements of any kind. The battles continue for now.