South Korean court backs Samsung over Apple in patent row

Judges in Seoul found that South Korean-based Samsung had not copied the look and feel of the iPhone, and instead decided Apple had infringed Samsung’s wireless technology.

In a split decision on patents, the panel also said Samsung violated Apple technology behind the bounce-back feature when scrolling on touchscreens, and ordered both sides to pay token damages.

Seoul Central District Court also called for a partial ban on sales of products, including Apple’s iPads and smartphones from both companies, though the verdict did not affect any latest-generation smartphone.

The ruling applies only to the South Korean market, but is part of a larger struggle over patents and innovation in nine countries. The biggest stakes are in America, where Apple is suing Samsung for £1.58 billion over allegations it has created illegal knock-offs of iPhones and iPads.

The Seoul ruling was a rare victory for Samsung in its claim that Apple has infringed on its wireless technology patents, which previously have been rejected by courts in Europe.

“This is basically Samsung’s victory on its home territory,” said lawyer Jeong Woo-sung. “Out of nine countries, Samsung got the ruling that it wanted for the first time in South Korea.”

The court ordered Apple to remove the iPhone 3GS, iPhone 4, iPad 1 and iPad 2 from shops in South Korea, ruling that the products infringed two of Samsung’s five disputed patents, including those for telecommunications technology.

The court also rejected Apple’s claim that Samsung had illegally copied its design, and that the shape and big display screen existed in products before the iPhone and iPad.

“Based on the similarity in these features, it is not possible to assert that the two designs are similar,” the court said.

But it ruled Samsung had infringed one of Apple’s patents on the feature that causes a screen to bounce back when a user scrolls to an end image. The court banned sales of Samsung products using the technology, including the Galaxy S2, in South Korea.

Court spokesman Kim Mun-sung said the ruling was to take effect immediately, although companies often request that sanctions be suspended while they evaluate their legal options.

Nam Ki-yung, for Samsung, said it welcomed the ruling. “Today’s ruling also affirmed our position that one single company cannot monopolise generic design features,” he said. Apple did not immediately comment.

The court also ordered each company to pay compensation to its competitor. Samsung must pay Apple 25 million won (£13,900) while Apple must pay its rival 40 million won (£22,000).

Courts in Europe have rejected similar claims by Samsung that Apple violated its wireless patents, with judges arguing that many are industry standards

Apple filed suit against Samsung in San Diego, California, in April 2011, alleging that some of its android smartphones and computer tablets are illegal copies of Apple’s iPhone and iPad. Samsung denies the allegations and argues all companies in the cut-throat phone industry legally mimic each other’s successes.