Apple (NASDAQ:AAPL) scored another victory in its patent litigation war against Samsung (SSNLF.PK) when the South Korean company’s injunction requests were denied by Germany’s Bundespatentgericht, or Federal Patent Court this week. Samsung was requesting that the court grant injunctions against Apple over its patent for “turbo encoding/decoding device and method for processing frame data according to QoS” for 3G wireless according to Foss Patents.
Not only did the German Federal Patent Court deny Samsung’s request for injunctions against Apple, it also completely invalidated the patent. Although the Mannheim Regional Court had already ruled that Apple did not infringe on this particular patent in January of 2012, this new federal ruling will make it more likely that Samsung’s appeal of the Mannheim decision will not succeed.
However, Samsung still has the opportunity to appeal this nullity ruling and if history is any guide, it probably will. If Samsung does choose to appeal this latest decision, the case will be moved to Germany’s Bundesgerichtshof, or Federal Court of Justice reports Foss Patents. A Samsung spokesperson stated via All Things D that, “We will continue to take the measures necessary to protect our intellectual property rights.”
As previously reported by Foss Patents, Samsung has already had three lawsuits against Apple thrown out because the lawsuits were seeking sales embargoes of Apple products over wireless standard-essential patents. Since Apple is a willing licensee, the European Commission considers Samsung’s behavior anticompetitive and illegal. In fact, even after Samsung unilaterally withdrew its lawsuits, it was still hit with a Statement of Objections by an EU regulator who contended Samsung was abusing the patent system.
Florian Mueller at Foss Patents points out that this recent ruling may also benefit Apple in its related battle for lower standard-essential patent royalty rates from Samsung. Apple contends that Samsung’s exorbitant licensing fees are in violation of its FRAND (fair, reasonable, and non-discriminatory) licensing obligations.
Apple shares closed down 1.04 percent at $429.80 on Friday.
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