PS3 Consoles Taken from Dutch Homes, Seized PS3's Released
As a follow-up to our previous article, the Guardian (linked above) is now reporting that PS3 consoles have been taken from Dutch homes as a result of the Sony-LG patent dispute while http://www.mcvuk.com/news/43448/Seized-PS3s-released reports that the previously seized PS3's are being released following the court lifting LG's injunction against Sony with the firm ordered to pay legal fees.
To quote from the Guardian: "LG has won a court order enabling it to seize all new PS3 across the Netherlands – including those already in Dutch homes – in a dispute that centres on Sony's allegedly infringing use of Blu-ray technology belonging to LG.
The injunction means that LG is tightening the net on PS3s in Europe, having already ordered customs officers to seize thousands of the consoles last week.
Sony will fight to have the blockade lifted at an emergency hearing in the Hague's civil court of justice tomorrow.
LG argues that Sony PS3s infringe a number of its patents relating to playback of Blu-ray discs. The Korean company has been granted an investigation into the PS3's Blu-ray use by the US international trade commission, after seeking a "permanent exclusion order ... excluding entry into the United States" of the games console.
Tomorrow's court battle will be one of the first times the Asian giants have come head to head in patent disputes stretching almost seven years.
LG is likely to apply for the consoles to be destroyed, while Sony will apply for the blockade to be lifted. A court judgment on what happens next could be returned tomorrow or in the coming days.
Customs officials at Rotterdam and Schiphol, the main import points for PS3s for both the UK and wider Europe, are understood to have extended a blockade on two Sony shipments made last week.
Sony, which imports about 100,000 PS3s into Europe each week, is attempting to get all the restrictions lifted."
From MCVUK, to quote: "The patent disagreement between LG and Sony has been lifted – freeing 300,000 stranded PS3s in Holland.
All PS3s will now be released and there will be no more seizures, reports Eurogamer. LG has allegedly been slapped with an order to pay all €130,000 of Sony's legal fees. For each day it fails to do so, it will be fined a further €200,000."
Well, the court order is specific to Sony's Tilburg warehouse, and tbh even if it were applicable to 'end users' I very much doubt LG would be foolish enough to action that.
But, my point is , if it did cover end users then there would be nothing to stop them seizing units from households (besides the fact that LG would become even more hated then Sony are right now, and not to mention the expense)
it is safe to say it wouldn't happen, not that it couldn't.
Um ok but my point is this is a civil suit between 2 companies. The only reason the police are involved was to capture the shipments as it's standard procedure while an investigation takes place. The courts could potentially ban the further sale of the consoles but they can't make it legal to seize units that have already been sold. ever.
the seized PS3's have now been released, a full investigation of whether or not Sony infringed LG IP rights will still happen and if it comes out in LG's favour Sony will be slapped with a fine.
Last edited by barrybarryk; 03-10-2011 at 05:09 PMReason: Automerged Doublepost
Also from the article: "A spokesman for Sony said: "Sony was notified at the end of February by customs authorities in the Netherlands that an inspection would be made into imports of [PlayStation 3s]. We believe this is due to a petition made by LG Electronics, alleging that Sony may be infringing LG patents related to Blu-ray technologies.
"However, this is only a preliminary injunction, that has resulted in shipments being temporarily withheld. It does not indicate any acceptance of LG's allegations. We consider these allegations unwarranted, and will take appropriate measures including filing a claim of opposition to courts in the Netherlands. We will not comment on any further details."