Spanish Firm Wins Tablet Case Against Apple
pmontra writes "A Spanish company has won a legal case against Apple and will be able to sell an Android tablet that Apple had claimed infringes on the iPad patent. It is now seeking damages from Apple for a temporary seizure of its products by Spanish customs. Furthermore they are pursuing an antitrust complaint against Apple, alleging abusive anticompetitive behavior."
there should be stiff penalties for frivolous lawsuits and
There are, if you can prove that its frivolous and/or using the court systems as an anti-competitive hammer. If the court really decides that youre a nuisance, they can nail you pretty hard.
There are. If a company is requesting the (temporary) ban on importing or selling a competitor's product, it has to feet the bill if it doesn't prevail in court. Basicly Apple has (from a legal point of view) bought all the potential shipping of the competing product for the time being.
http://www.totaltele.com/view.aspx?ID=468916
Sobreseimiento (as in the original report) != dismissal
Just nitpicking, though. I don't think there is a case.
No, they don't have to buy anything. They have to pay for the lost sales. I just hope that the German lawsuit falls through for Apple and they actually have to pay a lot. Samsung is no NT-K in volumes and price is comparable to iPad.
Based on what the document says, I think the implications of this case for Apple's enforcement of its design-related rights are probably much less wide-ranging than it initially appeared. It seems that even in Spain Apple could still assert its iPad design-related rights under civil law. Also, the nature of Apple's involvement may have been limited to that of an initial complainant (who according to nt-k also filed an indictment) as opposed to that of a party litigating a case all the way through. That's what my sources say, and it's possible.
IOW Apple didn't lose the case because they weren't really involved.
Fandroids hate facts.