Apple v Samsung Just The Tip of The Iceberg

KOMPAS.com - Apple's tablet and smartphone patents are so broad that virtually all major competitors could be targeted by the company if it is successful in its legal tussle with Samsung.

Intellectual property experts say Samsung would have to significantly hobble the Galaxy Tab 10.1 for the Australian market if it hopes to avoid infringing Apple's patents.

In a showdown in the Federal Court on Monday, Apple accused Samsung of infringing 10 of its patents including the "look and feel" and touchscreen technology of the iPad. Apple sought injunctions preventing Samsung from selling or advertising the Galaxy Tab 10.1 in Australia - and demanded all of Samsung's stock be sent to it to be destroyed.

Samsung did not admit liability but bowed to Apple's demands that it not sell the Galaxy Tab 10.1 in Australia. The agreement stymied Samsung's launch plans, forcing it to cancel a media event for the tablet scheduled for next week.

However, yesterday Samsung said it was going to release a modified version of the Galaxy Tab 10.1 for the Australian market "in the near future".

It did not say how this modified version would differ from the US model or how it planned to avoid infringing Apple's patents, but Samsung has committed to sending Apple three samples seven days before it puts them on sale. This would give Apple enough time to seek further injunctions against Samsung.

It is understood Apple chose the US model to present in court this week because the so-called Australian version was not yet available and had not been publicly discussed by Samsung.

Florian Mueller, an intellectual property expert who has been intimately following the smartphone patent battles around the world via his blog, said the patents cited by Apple in this case would have to be declared invalid by the court or "Samsung won't be able to build a Galaxy Tab 10.1 that consumers want to buy".

Samsung may have to ditch multi-touch

The patents are so broad that they cover the basics of multi-touch gestures - both the hardware and software implementations - and functions like slide to unlock and list scrolling. Mueller said the fact that Samsung had agreed to hold back its launch of the Tab indicated it believes Apple's case has merit.