Lawsuit

What a difference a week makes. Last we heard Samsung sounded like they had only just begun to fight, now they've signed an agreement to cross-license and pay Microsoft a fee for every Android device they've sold, but according to the Wall Street Journal, they've also offered an olive branch to Apple as well.

Samsung has already sued Apple over patent infringements and now they're attempting to get a full out ban of iPhones and 3G iPads in the Netherlands. They've sued Apple on infringement of four patents and not only want a ban but a full retail recall of any device that uses 3G technology.

The patents involved are standards-essential patents. They are incorporated as internationally excepted standards and the patent holder (Samsung) is obligated to grant licenses to third parties. Florian Mueller, an active patent consultant, believes that an injunction won't happen unless Apple refuses to pay up if royalties are owed to Samsung.

According to Bloomberg, Google -- who previously never missed an occasion to whine about patents and patent litigation -- seems to have been quietly buying patents of its very own from Palm, Motorola, and Openwave Systems, then sold them to HTC so HTC to use them to sue Apple. Pretty slick.

No, you didn't read the headline wrong -- Samsung is claiming their Galaxy Tab 10.1 couldn't be a copy of Apple's iPad because... it was copying the earlier movie prop from Stanley Kubrick's 2001: A Space Odyssey. Well, okay, not copying -- more like maintaining the design elements were commonplace in pop culture, especially science fiction. One of the ways to invalidate a patent is to prove prior art -- that someone had the idea before the company who was awarded the patent.