Dutch court rules in  favor of Korean firm; German court to give ruling Friday


Samsung Electronics claimed its first victory in the global patent dispute with its rival Apple Inc. as a Dutch court ruled in favor of the Korean company, ordering the U.S. firm to pay damages over a patent violation in the Netherlands.

A court in The Hague ruled Apple violated Samsung’s patent involving third-generation wireless telecommunications technology, which is used in some of Apple’s smartphones and tablet PCs to connect to the Internet.

The patent violation applies to Apple’s iPhone series models 3G, 3GS and 4, as well as the iPad 1 and 2. It was one of four patent infringement cases filed to the court against Apple by the technology behemoth.

The iPhone 4S and the new iPad were exempted from the violation list since the two use Qualcomm chips, for which the patent rights have expired due to a previous court ruling in March.

The court said damages should be based on Dutch sales figures beginning on Aug. 4, 2010, with it stating that the date was when Apple could have been aware that it was violating Samsung’s patent.

“The ruling has confirmed that Apple has been violating our wireless communications technology,” said a Samsung official. “We plan to go forward with measures like seeking damages based on the court’s ruling.”

The Samsung spokesperson also said that the company will continue to take legal actions involving patent infringements.

Apple, on the other hand, is expected to appeal.

Industry insiders say Samsung’s first win in a string of legal battles with the U.S. tech giant has given it confidence, increasing the possibility of Samsung not backing down in the worldwide fight.

The two are currently involved in more than 30 patent battles in courts in nine different countries, including Germany, Australia, the U.K., the U.S. and Japan.

The next court hearing will take place in the German city of Mannheim on Friday.

“I don’t think Samsung will back down but push ahead with its patent dispute with Apple,” said an industry source. “From what has happened so far, Samsung has not lost much but gained as being positioned as Apple’s rival and it has now scored its first win.”

Samsung mobile chief Shin Jong-kyun has also stressed multiple times that the company will maintain a hard stance on the patent infringement issue, refusing to be labeled a “copycat” of Apple.

However, Samsung is still waiting for the results of investigations on patent violations conducted by the U.S. International Trade Commission and the European Union.

“Samsung Electronics will most positively secure its leading spot in the legal battle only if it is found not guilty of violations in the two investigations,” a legal professional told local media.

By Cho Ji-hyun (sharon@heraldcorp.com)