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Clients in the News


Gardere Technology Attorney Peter Vogel quoted in E-Commerce Times article
Apple Ready to Rumble in Samsung's Home Turf
September 7, 2012 11:58 pm

E-Commerce Times:

South Korea's Fair Trade Commission is investigating complaints by Apple that Samsung Electronics is abusing its position in wireless technology.

The news, first reported by Reuters, is only eyebrow-raising because of the country in which it is occurring: South Korea is Samsung's home market. Other than that, however, it's part of a recurring pattern. Apple has been pursuing Samsung and vice-versa in courtrooms and legal venues around the globe.


Dissecting the reasons underlying any one play in such a complex, multicountry legal battle is at best a guessing game, said Peter S. Vogel, partner with Gardere Wynne Sewell.

Gardere Technology Attorney Peter Vogel in E-Commerce Times article

"There is no simple, one answer to what Apple's strategy is with either Samsung or Google," he told the E-Commerce Times, "except to -- as always -- push for more market share."

Through that prism -- more market share -- the semblance of a game plan does come forth, though. Samsung and Apple are neck-and-neck -- or Samsung is ahead, depending on which statistics you read -- in global market share.

At this point, "it is in Apple's best interests to persuade courts around the world not to allow Samsung to manufacture its devices," Vogel said.

Clearly, its legal arguments resonate at least some of the time, so Apple probably has made the legal-financial calculation to push ahead.

Google is another story, especially with its Motorola Mobility patent portfolio as defense -- and possibly offense as well.

There, Apple might see itself as better off negotiating a cross-licensing agreement, speculated Vogel.

"Apple has to get real about what they can get in litigation with Google," he said.

Copyright 1998-2012 ECT News Network, Inc.

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