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Print 20 comment(s) - last by semiconshawn.. on Sep 21 at 1:19 AM

Samsung won't give up

Samsung and Apple had been fighting patent suits in court for a very long time now with no sign of suits ending. With the launch of the iPhone 5, Samsung Electronics has announced this week that it plans to add Apple's newest smartphone to its existing patent lawsuits against the company. 
 
If Samsung happened to win an injunction against Apple in the patent suits, sales of the iPhone 5 could be blocked, but that seems unlikely. Apple had pre-order sales of over 2 million units in the first 24 hours of availability and will hit store shelves this Friday.
 
"Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product," it said in a U.S. court filing.
 
"Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models."
 
Samsung issued a statement today that added, "Apple continues to take aggressive legal measures that will limit market competition. Under these circumstances, we have little choice but to take the steps necessary to protect our innovations and intellectual property rights."
 
The escalating legal battle comes after Apple scored a win in August when a U.S. jury found that Samsung had copied certain critical features of the Apple iPhone. Damages awarded Apple in that case amounted to $1.05 billion. The jury in that case also found that Apple had not infringed on any of Samsung's patents. Naturally, Samsung said it would appeal the ruling.
 
However, Apple recently asked the court to triple the award against Samsung to $3 billion.

Source: Reuters



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Samsung won't give up
By 96suzuki on 9/20/2012 9:54:45 AM , Rating: 5
I hope Samsung catches the rat.




RE: Samsung won't give up
By AMDftw on 9/20/2012 10:34:27 AM , Rating: 3
Yep. I agree as well.


RE: Samsung won't give up
By Mitch101 on 9/20/2012 10:38:10 AM , Rating: 2
I think its better to be the Aggressor.

Maybe we have our reason why the iPhone looks the same every year. Because they cant design something else without being sued over the design.


RE: Samsung won't give up
By Shadowself on 9/20/2012 10:50:21 AM , Rating: 4
If Samsung came after Apple with something other than FRAND patents for which the royalties have already been paid by Qualcomm for the implementations in Qualcomm's chips that Apple buys, then Samsung might have a chance.

Otherwise all it does is tie up the courts and feeds the lawyers.


RE: Samsung won't give up
By HrilL on 9/20/2012 5:51:54 PM , Rating: 2
Apple wasn't using Qualcomm chips the whole time. Samsung will ultimately win because they actually innovate and build chips. Samsung has made some of the most advances when it comes to flash chips used in phones and tables as well as DRAM. These are both things Apple will always have to buy.


RE: Samsung won't give up
By semiconshawn on 9/21/12, Rating: -1
RE: Samsung won't give up
By 2bdetermine on 9/20/2012 4:12:37 PM , Rating: 2
You meant to get the cheese.


*sigh*
By wisteria on 9/20/2012 9:38:30 AM , Rating: 2
Things just keep on going and going....




RE: *sigh*
By anactoraaron on 9/20/2012 9:57:44 AM , Rating: 2
quote:
Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product


Which patents that aren't considered FRAND was Samsung using in their lawsuit again?

BTW when is HTC going to sue Apple on 4G LTE patents? I thought it would have happened by now...


RE: *sigh*
By Milliamp on 9/20/2012 12:04:46 PM , Rating: 2
I am sure they are working out the paperwork. Ditto for Apple's yet to be filed case against the S3.


RE: *sigh*
By Mitch101 on 9/20/2012 2:00:22 PM , Rating: 2
And when no one is watching BAM!

Microsoft wins third German injunction against Google's Motorola over high-power patent

The patent covers a software architecture that allows applications to flexibly receive input from sources between the user may switch, such as an on-screen keyboard and voice input, without requiring the app itself to worry about the underlying functionality that provides this level of abstraction. Out of the hundreds of thousands of Android apps that exist, many if not most make use of the related operating system functionality.


RE: *sigh*
By xti on 9/20/2012 2:52:18 PM , Rating: 1
but...but...I thought only Apple does these suits? Is DT lying to me!?!?


RE: *sigh*
By JackBurton on 9/20/12, Rating: -1
They just keep feeding them
By Shadowself on 9/20/2012 10:47:54 AM , Rating: 3
and they continue to come back!

If they stopped feeding the lawyers, there would be fewer of them and fewer silly law suits.

When you bill $200 to $1,000+ an hour plus expenses (and sometimes try to justify 300+ hours a month and charge for every single piece of paper and every single stamp, etc.), and your "host" continues to let you feed of it (and often asks you to) then every "host" suffers while the leaches (errrrr, lawyers) gets fat.

Better yet...

"The first thing we do, let's kill all the lawyers". - (Act IV, Scene II, King Henry VI, part 2)




RE: They just keep feeding them
By Joz on 9/20/2012 11:04:52 AM , Rating: 2
You think lawyers working for on this case only make that small of a salary?

I wouldn't go lower then $4,0000-10,000 an hour on a case this large. They most likely have THE BEST lawyers money can buy at this point, in trying to win BILLION dollar cases. A few hundred thousand to maybe even a million dollars, will be force fed into several lawyer's accounts, and they will willingly take it.


By Shadowself on 9/20/2012 2:14:39 PM , Rating: 2
Lawyers don't bill their salary. Billable time and what it is billed out as is only loosely tied to the lawyers' salaries. Additionally, retainer fees often are independent of billable time and billed rates. The best lawyers get a very large fraction of their personal income from the partnership itself (saves a HUGE amount in taxes).

I was giving charge values for individual lawyers as billable rates on the case. Having personally dealt with such lawyers (hell, I had one back in the early 90s that was charging $400 an hour back then), I know that it is rare for an individual lawyer to charge too much over $1,000 an hour, but still charge 250+ hours a month. (They do bill you for their drive time if they are on the phone with, or are riding with, *anyone* related to the case because, of course, they are "working" on your case.) I'd be shocked if the *average* billable rate for either Apple's or Samsung's lawyers is close to $1,000 per hour.

It is also not unusual for a firm to have 100+ lawyers plus law clerks plus admins working on cases like these. Thus the total LABOR bill (not including expenses which can easily double that) can easily be $10 million a month or more -- and that is PER CASE. Since a case can last a couple years or more (not including appeals) a case can easily cost the client in cases like these a total of more than a quarter billion.


Realization
By Ammohunt on 9/20/2012 11:55:21 AM , Rating: 3
It came to me this morning as i was eating my breakfast that Apple most likely has a patent on the shape of a my toast..




RE: Realization
By ProZach on 9/20/2012 3:50:59 PM , Rating: 2
To heck with your toast, I'm worried about poptarts! Not only are they proportionally rectangular to the iFone, they even have an equal-sized border on the top and bottom between the edge of the pastry and the icing!


Rule of law
By daar on 9/20/2012 11:14:45 AM , Rating: 2
Just standard legal practice in the States that when being sued, one counter sues as much as possible regardless of the chances. I doubt Samsung believes any of their claims will go through.




No chance...
By hugo_stiglitz on 9/20/2012 4:55:03 PM , Rating: 2
Sadly I don't think Samsung has any chance winning any lawsuits against Apple in the US. An American company will always win against a Korean company in US courts.




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