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Apple vs. Samsung Decisions Creep Forward in Netherlands, Australia

 & Sara Yin Junior software analyst

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Courts in the Netherlands and Australia heard arguments from Apple and Samsung on Monday, the latest in a months-long patent war between the two smartphone manufacturers.

In Australia, Apple temporarily excluded two of five patent claims against Samsung's Galaxy Tab 10.1, according to itnews Australia. The two dropped patents covered the use of a slider icon that unlocked the tablet's touch screen as well an icon that bounced when zooming.

In the Netherlands, according to IDG Netherlands, a judge postponed until October 14 a decision on whether or not Samsung should be allowed to pursue an injunction on Apple products based on Samsung patents that are declared essential to all 3G devices.

Patent blogger Florian Mueller parsed out some fascinating details that came out of the semi-public hearings in the Netherlands.

Citing 9to5Mac, Mueller noted that for one patent violation claimed by Samsung, a part of a 3G chip, Samsung was demanding 2.4 percent of the price of a 3G chip as a licensing fee.

"Considering that there are at least several hundred patents that are declared essential to a standard like 3G, such a per-patent royalty demand appears to be completely out of line," Mueller writes. Because the contested patent is categorized as an essential patent, Samsung is obligated to set a fair, reasonable, and non-discriminatory (FRAND) licensing fee.

Recently, Verizon publicly took Samsung's side in the ongoing patent dispute when it asked the U.S. District Court for the Northern District of California to deny Apple's request for a preliminary injunction in the matter. Such an injunction would otherwise prohibit Samsung from selling four of its Android products while the patent dispute plays out in the courts, which includes the Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1.

The battle has now expanded to almost two dozen countries; most recently, Samsung sued Apple in France, and the Korean company is reportedly preparing to sue Apple for infringing wireless patents in the iPhone 5, even though it hasn't been officially released.

Thus far, Apple has been successful in getting the Galaxy Tab 10.1 temporarily banned in Germany. Samsung also agreed to delay the release of the tablet in Australia, though Samsung recently filed a countersuit. In the Netherlands, Samsung expanded its patent claims against Apple last week.

The patent dispute between Apple and Samsung began in April, when Apple sued Samsung in the U.S. for copying the look and feel of its iPhone and iPad in its flagship Galaxy S line of devices; a suit that was later expanded to include 13 more products, including the Galaxy Tab 10.1, Nexus S 4G, and the Droid Charge.

For more, see Every Place Samsung and Apple Are Suing Each Other (as of Sept. 14).

About Our Expert

Sara Yin

Sara Yin

Junior software analyst

Sara Yin is a junior analyst in the Software, Internet, and Networking group at PCmag.com, pouring most of her energy into app testing and security matters at Security Watch with Neil Rubenking. She lies awake at night pondering the state of mobile security (half-true). Prior to joining PCMag.com, Sara spent five years reporting for publications in New York City (Huffington Post), Hong Kong (South China Morning Post), and Singapore (Campaign Asia, Men's Health). Follow her on Twitter at @SecurityWatch and @sarapyin, or contact her the old school way: email. That's sara_yin AT pcmag.com.

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