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Forums PlayStation LG gets an interim injunction against imports of the PS3 in Europe

 

     

LG gets an interim injunction against imports of the PS3 in Europe

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Magius SITE MODERATOR

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23 March 2007

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6500
March 1 2011, 8:24am
http://www.redmondpie.com/playstation-3-shipment-in-europe-seized-following-patent-infringement-case-by-lg/

Basically as part of the patent infringement suit mentioned in another thread, sorry can't remember where, LG has been granted an interim injunction preventing the import and, thus, sale of PS3s in Europe. Stores have a stockpile of 2 to 3 weeks so by the time this would probably affect availability I am sure Sony will have the injunction lifted. This shouldn't be taken as an indication to the merits of the claim as it is part of the usual legal process.

 
Tea Tea SITE MODERATOR

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3972
March 1 2011, 10:12am
Absolutely crazy... Lets hope it doesnt get exteneded and cause stock availbility issues!
 
Magius SITE MODERATOR

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March 1 2011, 10:41am
Eh, all that will happen is that Sony and LG will come to some sort of settlement eventually. This injunction will be lifted soon, probably by Friday once Sony's lawyers make an application etc.
 
Magius SITE MODERATOR

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March 10 2011, 1:53pm
Holy s***sticks!

http://www.lazygamer.net/lg-turns-up-the-heat-on-sony-confiscating-ps3s-from-homes/

I have no idea how Dutch law can allow for the confiscation of legally purchased machines from an individual's home, but this is bats*it mental. Hopefully Sony's lawyers can settle this soon, otherwise the PS3 may just be dead!
 
Ravenous Rott Ravenous Rott

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3652
March 10 2011, 2:03pm
one day they will come into our homes and confiscate equupment we have bought..... ahhh ... agg they will never happen... cause i will hide my[censored]!!
 
Sinncross Sinncross

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March 10 2011, 2:05pm
I read that this mvoe by LG only works in Netherlands: its going to cost them way too much to try and get this done for every EUropean country.
 
Magius SITE MODERATOR

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March 10 2011, 2:47pm
Actually as part of the EU, I think that this decision can be applied elsewhere as the Netherlands will have signed into law all the same EU IP laws etc. At the very least a succesful application in the Netherlands would make it, in legal theory anyway, easier for another court to come to the same conclusion as it is an established rule in pretty much every legal system that the decision of a foreign court can be persuasive to the sitting court in coming to their conclusion. This is not as forceful as precedent or a ruling within the same legal system but still a powerful ruling.

Also, per the above article, the US trade commission has agreed to investigate the same claims. If they come to the conclusion that LG's claim has merit...
 
Sinncross Sinncross

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March 10 2011, 2:56pm
While that may be true, it will still nevertheless cost LG quite a penny to get that done. It is not as if it suddenly becomes cheaper because one country decide to accept the claim.

Which is another thing: why start at Netherlands unless maybe other countries dismissed it without us knowing. If LG really did have tangible proof of Sony infringing a patent why not start at the most integral country of Europe: England?

You're slightly mistaken on the US trade commission: they're investigating LG not Sony which puts LG in a spot.
 
Sinncross Sinncross

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March 10 2011, 2:57pm
double post...
 
Scottie Scottie SITE MODERATOR

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March 10 2011, 3:32pm
Why the Netherlands was chosen and why it is not yet EU related.

As The Guardian reports, "Rotterdam [a Dutch seaport] and Schiphol [Amsterdam airport] are the main import points for PS3s for both the UK and continental Europe"


The aforementioned European regulation requires a patent holder to claim an infringement only of a national patent. LG holds some Dutch patents that it apparently claims are infringed by the PS3, and didn't have to allege the infringement of patents in any other EU member state.

But the prejudgment seizure order issued by the court in The Hague is valid only in the Netherlands. Therefore, if Sony ships PlayStations directly into other EU member states, the local customs authorities there will not take that seizure order into account. They may pay attention to LG's application for customs action, but in that case Sony could bail out the detained goods on security after a maximum of 10 days. Any further detention would require an injunction in the relevant country.

Prejudgment seizure appears to be a particularly Dutch phenomenon.


http://www.guardian.co.uk/technology/blog/2011/mar/01/sony-playstation-lg-patent-fight?INTCMP=ILCNETTXT3487
 
Magius SITE MODERATOR

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March 10 2011, 3:52pm
Sinncross said ...

While that may be true, it will still nevertheless cost LG quite a penny to get that done. It is not as if it suddenly becomes cheaper because one country decide to accept the claim.

Which is another thing: why start at Netherlands unless maybe other countries dismissed it without us knowing. If LG really did have tangible proof of Sony infringing a patent why not start at the most integral country of Europe: England?

You're slightly mistaken on the US trade commission: they're investigating LG not Sony which puts LG in a spot.


England is not the most integral part of the EU. If any country can lay claim to that title, it would be Germany. They are the strongest economy in the EU, Fourth largest in the world IIRC, bearing the majority of the responsibility for bailing out the PIIGS'. Holland is a major port, thus a logical place to seize shipments.

As for the US to quote the article, "But on a more disturbing note the United States international trade commission has also accepted a demand by LG to investigate the same claims over there". They are going to investigate LG's claims against Sony and not investigate LG.

Instituting action is not cheap, you are right, but once (if) the Netherlands courts rule in their favour an application to the major markets is all they need. Crippling PS3 sales in major Euro markets, say Germany, the UK and France would pretty much kill off PS3 sales in Europe. If the US follows suit, that's the PS3 done.

I highly doubt this will happen though, a fine or even an award of money as damages for patent infringement is probably the best LG will ever get, but either way this does damage Sony's cashflow and the PS3's profitibility. At the end of the day we as owners of the PS3 are the ultimate loser and not Sony or LG.
 
Sinncross Sinncross

Joined

09 February 2007

Posts

8489
March 10 2011, 4:52pm
hmm never knew the importance of Netherlands, my mistake.

And I'm still; not sure about the US thing: i havent read anything about them checking out SOny.
http://www.computerweekly.com/Articles/2011/03/09/245777/US-investigation-into-LG-Electronics-launched-after-Sony-patent.htm

As I said, all I know is that they are looking into LG over patent infringement.
 
Sinncross Sinncross

Joined

09 February 2007

Posts

8489
March 10 2011, 9:31pm
Ok, well seems like LG lost and badly:
http://www.gamersmint.com/sony-wins-all-seized-ps3-to-be-returned-and-lg-fined/

LG have to pay 130,000 euros to Sony for the hearing, and 200,000 for each day they are unable to supply Sony will all the seized PS3's after tomorrow.
 
Magius SITE MODERATOR

Joined

23 March 2007

Posts

6500
March 11 2011, 6:41am
Yeah I read last night that the Dutch courts ruled against LG on the destruction and seizure orders, but that is just on that order not on the merits of the IP infringement claim so that is still carrying on and could go in LG's favour. The 130k is a costs order i.e. LG has to pay some of Sony's legal costs. I am not 100% sure as to what the 200k per day possible fine is for as the Dutch customs guys have control over the seized shipments not LG. The wording on Engadget seems to indicate that teh fine is for non-payment of the costs order, but that just seems odd.

Either way, Sony still has to defend the patent infringement claim, but they can continue to sell their PS3s, which is good news for all
 
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