SAN JOSE, Calif., Oct 13 (Reuters) - A federal judge said
that Samsung Electronic's Galaxy tablets infringe Apple Inc's
iPad patents, but added that Apple has a problem establishing
the validity of its patents in the latest courtroom face-off
between the technology giants.
U.S. District Judge Lucy Koh made the comments in a court
hearing on Thursday, but has yet to rule on Apple's request to
bar some Galaxy products from being sold in the United States.
Apple and Samsung are engaged in a bruising legal battle
that includes more than 20 cases in 10 countries as the two
jostle for the top spot in the smartphone and tablet markets.
Earlier on Thursday, an Australian court slapped a
temporary ban on the sale of Samsung's latest computer tablet
in that country.
Apple sued Samsung in the United States in April, saying
the South Korean company's Galaxy line of mobile phones and
tablets "slavishly" copies the iPhone and iPad.
Apple then filed a request in July to bar some Samsung
products from U.S. sale, including the Galaxy S 4G smartphone
and the Galaxy Tab 10.1 tablet.
Mobile providers Verizon Wireless and T-Mobile USA have
opposed Apple's request, arguing that a ban on Galaxy products
would cut into holiday sales.
Apple must show both that Samsung infringed its patents and
that its patents are valid under the law.
Samsung attorney Kathleen Sullivan argued that in order to
defeat an injunction bid, Samsung need only show that it has
raised strong enough questions about the validity of Apple's
patents.
"We think we've clearly raised substantial questions,"
Sullivan said at the hearing on Thursday in a San Jose,
California federal court.
Apple attorney Harold McElhinny said Apple's product design
is far superior to previous tablets, so Apple's patents should
not be invalidated by designs that came before.
"It was the design that made the difference," McElhinny
said.
Koh frequently remarked on the similarity between each
company's tablets. At one point during the hearing, she held
one black glass tablet in each hand above her head, and asked
Sullivan if she could identify which company produced which.
"Not at this distance your honor," said Sullivan, who stood
at a podium roughly ten feet away.
"Can any of Samsung's lawyers tell me which one is Samsung
and which one is Apple?" Koh asked. A moment later, one of the
lawyers supplied the right answer.
Additionally, at the hearing Koh said she would deny
Apple's request for an injunction based on one of Apple's
so-called "utility" patents.
She did not say whether she would grant the injunction
based on three other Apple "design" patents.
Koh characterized her thoughts on the utility patent as
"tentative" but said she would issue a formal order "fairly
promptly."
"It took a long time to make that distinction," Koh said.
After the hearing, Samsung spokesman Kim Titus said Apple's
injunction request is "groundless."
Apple spokeswoman Kristen Huguet said, "It's no coincidence
that Samsung's latest products look a lot like the iPhone and
iPad ... This kind of blatant copying is wrong, and we need to
protect Apple's intellectual property when companies steal our
ideas."
The case in U.S. District Court, Northern District of
California is Apple Inc v. Samsung Electronics Co Ltd et al,
11-1846.
For Apple: Morrison & Foerster; Wilmer Cutler Pickering
Hale and Dorr; Taylor & Company Law Offices; Bridges &
Mavrakakis.
For Samsung: Quinn Emanuel Urquhart & Sullivan.
(Reporting by Dan Levine)
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