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Print 18 comment(s) - last by Tony Swash.. on Dec 27 at 11:11 AM

Samsung says Ericsson is infringing on its patents

Samsung Electronics has announced that it has filed a complaint against Ericsson in the United States with the International Trade Commission. Samsung is seeking a ban on the U.S. import and sale of several products Ericsson makes due to patent violations.

"We have sought to negotiate with Ericsson in good faith. However, Ericsson has proven unwilling to continue such negotiations by making unreasonable claims, which it is now trying to enforce in court," Samsung Electronics said in a statement.

"The accused Ericsson products include telecommunications networking equipment, such as base stations," Samsung said.

Samsung’s share of the networking equipment market is a drop in the bucket compared to Ericsson, but that latter has suffered a significant drop in sales in its network equipment unit. During Q3 of this year, Ericsson saw a 17% decline in sales.
 
This certainly isn't the only patent litigation that Samsung is undertaking. Samsung and Apple are still battling in court in multiple countries. Apple has filed suit against Samsung for alleged patent infringement on mobile products while Samsung has countersued Apple with the same claims.

Source: Reuters



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Way forward?
By Any14Tee on 12/26/2012 12:27:35 PM , Rating: 5
Apple let the cat out of the bag, the world had witnessed litigation on a scale that surpassed everything that had gone before it.

So are we really surprised that Samsung has taken a leaf out of Apple's book? I'm disappointed and it's not the way forward.




RE: Way forward?
By Solandri on 12/26/2012 1:57:39 PM , Rating: 5
If you read the source Reuters article, you'll find that Samsung isn't the instigator here either:
quote:
The action taken on Friday by the world's top smartphone maker, which accused Ericsson of breaching seven of its patents, came after Ericsson requested an ITC U.S. import ban on Samsung products and sued the South Korean firm for patent infringement.


RE: Way forward?
By Tony Swash on 12/27/2012 7:35:44 AM , Rating: 2
quote:
Apple let the cat out of the bag, the world had witnessed litigation on a scale that surpassed everything that had gone before it.


That is all completely untrue. It's better to find real facts rather than just making them up to suit pre-existing prejudices.

The smartphone legal wars actually started with Nokia suing Apple over 10 patents in October 2009. The full chronology is here:

http://en.wikipedia.org/wiki/Smartphone_wars

There have been similar spasms of litigation many times before whenever there has been rapid technical change that caused vast shifts in business fortunes. It happened for example over photocopier technology and it happened over PC technologies.


RE: Way forward?
By simsony on 12/27/2012 8:45:08 AM , Rating: 2
The actual quality of the patents also need to be factored in. Nokia products were already using what we all have since found out to be prior art, it is not surprising that they sued first.

Apple are the first to use frivolous patents and sue exclusively with just them. And also the multi country, multi district stunts.

They also began with the indirect attacks on Android - HTC, etc instead of Google themselves.

They were never after licensing or for fair resolution, but were trying to distort the market for Android, and the competition. They were and are trying to create a gray cloud of ligitation over Android.

Defending by distortion and smoke and mirror tactics is the tool of the coward.

For eg sue Google if it is about your touch UI SW patents.

At least Oracle did the right thing. They felt they had the patents that Android was using and sued Google.

A good side effect is that the USPTO will be more careful with Apple patents, but then I think Apple will now try to use shell companies to hide it.

Again actions of the manipulative, not that of one defending for what they believe in.

<joke> Apple need to watch Gladiator and Braveheart. Fight with some courage and honour. Not like some weasel. </joke>


RE: Way forward?
By Tony Swash on 12/27/2012 11:11:47 AM , Rating: 2
I a whole pile of wrong in one post - well done.

quote:
Apple are the first to use frivolous patents and sue exclusively with just them. And also the multi country, multi district stunts.


The only way to judge a claim frivolous is to see if it stands up in court. Suing in different countries is standard procedure because there is no 'World Court' to hear the case just lots of national one. When there is a choice of venue every player picks the best venue in order to guarantee the best chance of winning, Apple's behaviour is no different to any other protagonist.

quote:
They also began with the indirect attacks on Android - HTC, etc instead of Google themselves.


Because it is the Android OEMs which actually make products that compete with Apple products and which Apple considers have infringed their IP. Google in it's usual weasely way distributes Android within a legal framework that exempts them from any legal liabilities or costs associated with an OEM's use of Android.

quote:
They were never after licensing or for fair resolution, but were trying to distort the market for Android, and the competition. They were and are trying to create a gray cloud of ligitation over Android.


Apple would rather not license their IP because they use their IP to make distinctive products. There is no legal or ethical imperative to ever license any IP, companies only ever license IP if they calculate that it is in the best interests to do so. Why doesn't Google license it' search algorithms to Bing? Or better yet given their professed commitment to open solutions just make those search algorithms open source?

quote:
Defending by distortion and smoke and mirror tactics is the tool of the coward.


Exactly and I hope you are ashamed of yourself.

quote:
A good side effect is that the USPTO will be more careful with Apple patents, but then I think Apple will now try to use shell companies to hide it.


Delusional made up gobbledegook without the slightest shred or evidence to back it up. I dare you to post any evidence that the USPTO will be more careful with Apple patents or that Apple will in response use shell companies to hide them.

The fact of the matter is that everyone knows that:

a) Whilst Apple were treating Google as a close and trusted partner (including inviting Google's CEO to sit on it's board) that Goggle was using the information it had about iOS to redesign Android to make it look just like iOS. Only not as good.

b) Several Android OEMs copied significant chunks of Apple's iOS design and in the case of Samsung copied the actual products down to the packaging and the retail stores to sell them. None of that is contentious and in the case of Samsung there is ample evidence made public via their trial that this was a conscious strategy of Samsung's and it was so blatant that even Google warned them they were going to far.


.
By StevoLincolnite on 12/26/2012 9:44:14 AM , Rating: 2
Just one of many lawsuits at the moment.
This pretty much explains the current mess...

http://tinyurl.com/387ww4r




RE: .
By retrospooty on 12/26/2012 9:53:30 AM , Rating: 1
LOL... Looks like a spirograph I had as a kid, where you put in various gear based stencils and circle around to create things like that pic.

Anyhow these lawsuits are really starting to get old. Samsung is as bad as anyone with this crap.


RE: .
By cditty on 12/26/2012 11:14:45 AM , Rating: 2
Shows how much IP Microsoft has in it's portfolio. No one is suing them and they are only in one lawsuit (provided the graph is accurate, as the Kodak section isn't correct anymore).


RE: .
By retrospooty on 12/26/2012 11:44:56 AM , Rating: 2
Now that I look at it, the graph cant be accurate. The well known cases of Apple suing Samsung and of course Samsung suing Apple arent shown, so its either a subset of data, or just plain wrong. Either way, its not all of them. Sadly, its worse than that chart makes it appear LOL.


RE: .
By MadMan007 on 12/26/2012 12:01:53 PM , Rating: 2
No, it shows that MS already has a bunch of cross-licensing deals in place.


RE: .
By Samus on 12/26/2012 3:21:15 PM , Rating: 2
A lot of that isn't correct anymore. HTC, for example, is currently licensed with MS and Apple.


OK, knock it off...
By Motoman on 12/26/2012 9:52:24 AM , Rating: 2
...it's only cool if you go after Apple, Samsung - turning their own weapon against them. All you do then is piss off the Macolytes, who are far too stupid to ever buy anything other than an Apple product anyway - by suing Apple (and winning) you become something of a hero for the rest of us who aren't retarded.

However, if you keep going after other companies, you start to act like Apple themselves - and then you're going to piss off intelligent people too.

So knock it off.




RE: OK, knock it off...
By retrospooty on 12/26/2012 9:55:10 AM , Rating: 2
"if you keep going after other companies, you start to act like Apple themselves - and then you're going to piss off intelligent people too."

Exactly. Samsung seriously needs to stop this crap. Enough.


RE: OK, knock it off...
By nafhan on 12/26/2012 10:16:34 AM , Rating: 2
This set of lawsuits is apparently regarding networking equipment - not cell phone handsets. It's a whole different ballpark from the ongoing "mobile wars".

Whether or not the claims have merit... there's just not enough info to say. Quick search of Google News did not turn up any references to actual patents or anything else specific.


RE: OK, knock it off...
By melgross on 12/26/2012 10:38:58 AM , Rating: 2
You are such a moron, really.


RE: OK, knock it off...
By TakinYourPoints on 12/26/2012 6:46:37 PM , Rating: 1
Samsung is probably the most corrupt tech company out there, and they all play dirty to varying degrees: http://www.theverge.com/2012/11/30/3709688/samsung...

The only thing funnier than your ignorance is you assigning personal attributes to megacorporations, but I expect no less from the idiot who sells his clients inferior AMD parts because "Intel is evil". Hilarious.


RE: OK, knock it off...
By simsony on 12/27/2012 8:26:47 AM , Rating: 2
While I'm not defending Samsung, just because legislation in the west has legalised payments to politicians and lobby groups does not make those payments any less "corrupt".

The effect is the same, some powerful groups with money get their way with government decisions.

Moreover most family run business have such tales.

As for companies and attributes, all companies are evil, in the sense that they will whatever it takes to make a buck.

But I also think there are degrees of evil, and once in a while you see companies doing things with wanton disregard to good. Apple and these patent games are an example of that.


Worst company evar!!!!
By tayb on 12/26/2012 4:45:01 PM , Rating: 3
O.M.G. Samsung is the worst company evar!!! I will never buy a Samsung product! People who buy Samsung clearly have questionable morals and low self esteem (maybe daddy issues?).

-DT, if this article simply replaced 'Samsung' with 'Apple'




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