A court in South Korea has ruled that Apple and Samsung have breached each other’s patents, ordering both companies to pay fines and remove some of their products from sale.
Apple must pay Samsung 40 million South Korean Won (around £22,250) while Samsung needs to pay Apple 25 million Won.
In addition, Apple’s been told to stop selling its iPhone 3GS, iPhone 4, iPad 1 and iPad 2 devices in South Korea. Samsung’s sales ban includes the Galaxy SII smartphone and Galaxy Tab tablet. Neither company has been forced to remove its current flagship smartphone from sale.
Apple’s claim that Samsung had copied its smartphone design was rejected.
Mobile patent blogger Florian Mueller said the decisions “indicate that South Korea has decided to become a rogue state in connection with standard-essential patents” and described them as “a declaration of a trade war”. He notes that Samsung’s patent is an essential part of the 3G/UMTS standard, which means it may be able to use this court decision to gain injunctions against newer (and future) Apple products.
Both companies are able to appeal against the rulings.
[FOSS Patents blog]