Samsung did not violate Apple design : Seoul court rules


Samsung Electronics Co's flagship Galaxy smart phone looks like to Apple's iPhone, but the South Korean firm has not violated the iPhone design, a Seoul court ruled on Friday.

The South Korean ruling comes as the two technology titans are locked in a high-stakes global patent battle that reflects a fierce rivalry for industry supremacy between two companies that control more than half the world's smart phone sales.

The Seoul court ruling on Friday comes in front of more crucial U.S. verdicts. Nine jurors began deliberation on Wednesday in California in one of many disputes between the two firms around the world that analysts see as partly aimed at inhibiting the spread of Google Inc's Android, the world's most used mobile software.

"There are lots of external design resemblances between the iPhone and Galaxy S, such as rounded corners and large screens ... but these resemblances had been documented in previous products," a judge at the Seoul Central District Court said on Friday.

"Given that it's very limited to make big design exchanges in touch-screen based mobile products in general ... and the defendant (Samsung) differentiated its products with three buttons in the front and assumed different designs in camera and (on the) side, the two products have a different look," the judge said.

The judge said it was difficult to say that consumers would confuse the iPhone with the Galaxy given they clearly have the several company logos on the back of each model, and consumers also factor in operating systems, brand, applications, price, and services when buying a phone.

The judge ordered Samsung to instantly stop selling 10 products, including the Galaxy S II, and also banned sales of four Apple products, including the iPhone 4 and iPad 2.

The court ruled that Apple infringed on two of Samsung's wireless engineering patents and was ordered to pay Samsung 40 million won ($35,400). Samsung was fined 25 million won for violating one patent relating to so called bouncing back operate used when scrolling electronic documents.

The compensation sought by both Apple and Samsung in South Korea is small due to the comparatively small size of the market.

The wrangle was triggered by Apple's lawsuit in April last year claiming Samsung slavishly copied Apple's smart phones and tablets. Samsung has countered that it simply formulated its own "unique" products in a bid to "best the competitor," and that Apple actually owes money for using its patented technology.

In the United States, Apple is demanding more than $2.5 billion in damages and an order to permanently ban Samsung from selling patent infringing productions. Samsung argues Apple owes $422 million for violating a clutch of its patents.

Neither Apple nor Samsung had an contiguous comment on the Seoul ruling.

In Seoul, Samsung shares last traded down 1.3 percent, in line with the more liberal market.

($1 = 1130.5750 Korean won)

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