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Apple: Samsung 'illegal, abusive, anticompetitive'

Mobile patent wars turning ugly

The crucial legal battle between Apple and Samsung has got ugly with Apple calling Samsung all sorts of rude names.

In court Apple has accused Samsung of attempting an “anticompetitive ambush” through “illegal and abusive assertions”.

Apple and Samsung are pitting their patents against each other – embroiling the Android-device maker in a series of damaging product embargos across the world.

Intellectual property “activist-turned-analyst” Florian Mueller writes of the insults in his blog on the patent wars engulfing the tech world.

In a brief filed yesterday by Apple with the United States District Court for the Northern District of California in opposition to a Samsung motion to dismiss and strike Apple's counterclaims, the iPhone maker claims that Samsung has “unlawfully acquired monopoly power”.

Apple accuses Samsung of “serial standard-setting abuses [that] inflict continuing harm on consumers, competition, and Apple alike," and “deceiving standards-setting organizations”.

"Having obtained this ill-gotten monopoly power, Samsung has engaged in a relentless campaign of illegal and abusive assertions of its declared-essential patents to try to coerce Apple into tolerating Samsung's continuing imitation of [the iPhone and the iPad].

"[The rules of a standard-setting organization] are designed to protect the telecommunications industry from the sort of anticompetitive ambush Samsung has perpetrated here."

Last week in the Netherlands Apple was granted a preliminary injunction banning Samsung from selling its Galaxy smartphones in Europe. The embargo concerns Samsung's Galaxy S, Galaxy S II and Ace smartphones. Another court upheld a preliminary injunction requested by Apple, preventing Samsung from selling its Galaxy Tab 10.1 tablet in Germany.


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