Apple to Attack Copycat Processes, Rather Than Products

A German court upheld an earlier decision and ruled Samsung's redesigned Galaxy Tab 10.1 is different enough from Apple's iPad to remain on the market. Apple and Samsung are engaged in heated patent litigation in several countries, but courts are increasingly siding with Samsung.

Apple is petitioning European regulators to re-examine existing "fair, reasonable and non-discriminatory", or FRAND, policies, citing a "lack of consistent adherence to FRAND principles in the cellular standards arena".

Patents covered under FRAND, like touchscreens, would call for a reasonable, pre-set royalty for patent holders. Meanwhile, Apple's suggestions to the EU governing body underscore its interest in amending these policies, which would impact future settlements.

Still, Apple's insistence on hard-hitting litigation runs the risk of wearying the legal system, and may damage its reputation if its efforts seem to cross the line.

Rival Google, meanwhile, promised to license Motorola's patents according to FRAND, hoping to assure European regulators its $12.5 billion acquisition won't create a monopoly. Google plans to use Motorola's patents to avoid lawsuits and expedite settlements with Apple and other rivals.

In addition, Samsung and Motorola are bolstering their arsenal against Apple as patent battles continue to rage. Apple, unwilling to back down, is shifting its strategy in return, causing ripple effects across the tech industry as the scope of the disputes expand.

Apple repeatedly said Samsung's Galaxy line "slavishly" copies its designs in court, and initially triumphed over the South Korean phone maker in several countries including France and Australia.

However, instead of agreeing to expensive licensing deals with the iPhone maker, Samsung responded by slightly reworking its newest Galaxy tablet's outer design, appeasing several courts so far.

Samsung's growing list of victories may bode well for other manufacturers like HTC and Motorola, both of which are also fighting Apple over patents. And, with Google's impending acquisition of Motorola, Apple may face competition bolstered by Motorola's impressive and long-standing patent portfolio.