Korean courts to face tough call caught between two rivals


As Samsung Electronics is poised to appeal the latest decision from a German court to ban the sale of its Galaxy Tab 10.1 in the European Union, all eyes are on the next phase of the patent battle.

How the Seoul courts rule will be key in the legal drama between Samsung and Apple, according to industry watchers.

“The Korean court has its job cut out for it on this one, as ― evidence aside ― neither Apple nor Samsung will be pleased with whatever the results end up to be,” said one industry expert, declining to be identified. 

Experts also point out that the borders between smartphone software ― Android, iOS and Windows Phone 7 ― are so blurry that it will be tough to distinguish who infringed on what.

Even the legal procedures are complicated for the Apple vs. Samsung case, as each side has suits filed against the other.

On Aug. 12, the Seoul District Court held a preliminary hearing based on the lawsuit filed by Apple Korea against Samsung.

This followed a first hearing that opened to hear Samsung’s case. Another hearing is scheduled for Aug. 19 with Samsung in the plaintiff’s seat once again, to be followed by a Sept. 23 hearing when Apple will be the plaintiff.

Apple claims that Samsung has infringed on both its design and technology. Samsung has been fighting back with countersuits, accusing Apple of illegally “borrowing” its communications technology.

During last week’s hearing, Apple reportedly upped the ante against Samsung, armed with images and other evidence to prove that Samsung’s Galaxy S smartphone copied Apple’s iPhone.

Apple also fiercely criticized Samsung for its tablets as well, including the Galaxy Tab 10.1 that earlier this year hit store shelves, expected to pose stiff competition for Apple’s iPad.

Not to be outdone, Samsung retaliated with material to support its argument that Apple does not have exclusive rights, as most of the technology has already been out there for a while.

Apple’s victory in Germany will hardly be a plus for Samsung, but industry watchers noted that Apple also will not walk away unscathed from this particular suit.

“It’s not one of the second-tier players that Apple is up against. Its competition is Samsung, now a global player in its own right with one of the best legal teams in the world and the money to employ the best attorneys in the market, so Samsung will not go down easy,” said another individual close to the matter who chose to remain anonymous.

To compete against Kim & Chang, the powerful local law firm representing Apple, Samsung has employed Yulchon, another leading law firm.

“Apple is also taking the risk of looking bad because the lawsuits and the disputes coincide with when Samsung released its next generation smartphones and tablet PCs, and just before Apple launches its own new lineup,” he added.

The countdown to the unveiling of the iPhone 5 has begun, while an upgraded iPad 2 also is expected to be rolled out before the year’s end.

By Kim Ji-hyun (jemmie@heraldcorp.com)