German court decides to re-open Motorola-Microsoft case; stays coming for Apple-Samsung?
On Friday, Judge Andreas Voss said that he is not ready to make a decision and has reopened the case because an April 20th pleading by Microsoft brought up credible facts that would allow the Redmond based software giant to use a prior user defense in a new trial. Regardless of whether or not a new trial is ordered, we are looking at a delay of a few months while the court re-examines the case.
has written up a scorecard of the Apple-Samsung legal battles. So far, Samsung has not won anything in court against Apple anywhere in the world, and has lost its first three German patent cases. Meanwhile, Apple has yet to have a technical patent or utility model enforced. It has had some success with patents related to design or claims of unfair competition. In March, the court in Mannheim tossed out Apple's infringement claim on its slide to unlock utility patent not because the infringement didn't happen, but because of a question about the validity of the claim.
Last week, the Mannheim Court stayed a case brought by Apple over a photo gallery patent that was successfully enforced by Apple in other countries. Back in Germany, the court is expected to issue rulings soon on some of the Apple-Samsung battles that we have been hearing about and Foss Patents expects to see more stays issued by the court. This doesn't mean that the cases have been dismissed. A stay is a court ordered suspension in a legal proceeding which means that in these cases, it would not equal a Samsung victory. The court could re-start proceedings if Apple can prove the validity of their patents. And again, there is a big difference between the validity of and the infringement of a patent.
source: FossPatents (1), (2)