iPhone 4S vs. Galaxy Nexus: Samsung Wants Ban, Recall & Destruction of iPhone & iPad in Germany

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In the ongoing patent-related legal battles between Apple and Samsung, Apple has suffered some setbacks in Germany, where it has lost a few patent-infringement cases. Legal analysts say the implications might be even bigger if Apple loses a patent infringement case lodged by Samsung, which could lead to the ban, recall and even destruction of iOS devices.

Earlier this month, Apple has suffered a string of losses in the legal arena, with its dispute against Motorola Mobility and Samsung. Just recently, Florian Mueller of FOSS Patents discusses a court hearing in the very same German court where Apple lost in a default judgement. The case relates to Samsung’s claim that Apple has infringed on three technology patents used in 3G communications:

• EP1005726 - “turbo encoding/decoding device and method for processing frame data according to QoS”
• EP1114528 - “apparatus and method for controlling a demultiplexer and a multiplexer used for rate matching in a mobile communication system”
• EP1188269 - “apparatus for encoding a transformat format combination indicator for a communication system”

With these patent infringement claims, Samsung’s request is for the court to order a permanent injunction against the sale and distribution of Apple’s 3G-enabled products, recall from retail channels, and even destruction of said 3G-capable products like the iPhone and iPad. Samsung also wants Apple to pay damages relating to past sales of these products.

Mueller says it is likely that the German courts will side with Samsung on at least one of these patent-related claims. Apple’s defense was mostly in the scope and technical aspects of the Samsung-owned patents. This includes previous technology licensing deals by Samsung with chipmakers Intel and Infineon in the U.S., where Apple acquired its iPhone baseband chips. However, from the proceedings, it was apparent that Apple might be willing to work things out with Samsung, especially in the face of possibly losing this case, and the serious repercussions it will have on Apple’s business in Germany.

Still, another question will be enforceability, which will involve a separate court discussion and ruling. This means that if Samsung wins this court case in Germany, it will not necessarily mean that Samsung will get its way with the ban, recall and destruction of Apple core products like the iPhone and iPad in the country. What is in question in this regard is whether any ruling will be enforceable against the iPhone 4S, which was launched after the present litigation began.