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South Korean phonemaker complains that Apple "flagrantly" stole its intellectual property

In Paris, France and Milan, Italy today, South Korean electronics giant Samsung Electronics Comp., Ltd. (SEO 005930) will open a new chapter in its legal war [1][2][3][4] [5][6][7] with Apple, Inc. (AAPL).  As promised, the company will file suit looking to block sales of Apple's new iPhone 4S.

Samsung comments:

The infringed technology is essential to the reliable functioning of telecom networks and devices and Samsung believes that Apple’s violation as being too severe and that the iPhone 4S should be barred from sales.

Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology. We believe it is now necessary to take legal action to protect our innovation.

Specifically, Samsung accuses Apple of two new patent infringements on Wideband Code Division Multiple Access (WCDMA) standards for 3G mobile handsets.  W-CDMA is a 3G technology that competes globally with CDMA2000.  Some countries heavily use this standard, so Apple's new "global" iPhone is capable of picking up signal from a variety of kinds of networks.

By asking for a preliminary injunction, Samsung is asserting that it believes its evidence of infringement is compelling enough to ban sales while the case goes to trial.  This would be a major blow to Apple, who is counting on the iPhone 4S to be a revenue driver.

iPhone 4siPhone 4s

Samsung adds that it "plans to file preliminary injunctions in other countries after further review."

Elsewhere, Samsung recently received bad news, as well.  Its proposal to reallow sales in exchange for a speedy trial was rejected by Apple, leaving its tablets still stalled in Australia, pending an official court ruling on the preliminary injunction Apple is requesting in that region.

The pending trade disputes in France and Italy bring the international lawsuit/trade court complaint total for the two firms up to at least 25 lawsuits in 12 different countries.

Apple and Samsung are currently number one and number two, respectively, in global smartphone and in global tablet sales.  While Apple currently holds the lead, Samsung last quarter posted over three times the growth of Apple, making it the world's fastest growing smartphone company.  

A reader submitted this humorous comic to us on the topic: "Rage Comic #14795"

Source: Samsung



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FRAND
By Shadowself on 10/5/2011 9:03:30 AM , Rating: 3
So Samsung admits the techniques in the patents are required if anyone is going to implement the specific 3G standard? Then it comes under the FRAND rules.

The worst case is that the judge is going to require that Apple pay Samsung FRAND licensing fees.




RE: FRAND
By whodi on 10/5/2011 9:15:06 AM , Rating: 2
Maybe the judge will, maybe they won't. Most judges don't understand tech.


RE: FRAND
By Mitch101 on 10/5/2011 10:33:23 AM , Rating: 2
Why do they need to block the iPhone 4s? From every article Ive seen nothing but disappointment among the community especially investors think its a flop.

Apple hits bum note in Japan with iPhone 4S feature Siri
http://thenextweb.com/apple/2011/10/05/apple-hits-...

Japanese translation, Siri sounds suspiciously like Shiri (?), meaning buttocks.


RE: FRAND
By NellyFromMA on 10/6/2011 9:43:33 AM , Rating: 2
If you think this will stop people from flocking to buy this, you're wrong.


RE: FRAND
By B3an on 10/7/2011 3:18:41 AM , Rating: 1
Yeah, if Apple printed there logo on a brink, it would sell. It dont matter if the product is any good or not. Most Apple products are not that good anyway.


RE: FRAND
By gravedigger_uah on 10/20/2011 10:31:00 PM , Rating: 1
Ohhh...Yahh B3an,and the same brick will fall on your head to pop out ur head..lol...Well apple don't make products for ordinary people's like you!! Its for the people who Think differently..They make products for them selves and I think thats a very powerful way of doing stuffs..What ever they make Its perfect..other companies they have huge number of product line of SHITS!!...and regarding the samsung suing apple...There is no point of talking about it...There is no water in it!! It's a kind of an evil revenge that samsung is taking from apple for apple sued them for the Galaxy Tab shit last time.....I think rit now samsung should focus more on innovation, new & Authentic Ideas for their products than suing around...I mean C'mon man doesn't make sense...In that case they should go and sue all the mobile phone companies coz there is the wirless technology in all the phones today in market...I dont know ppl will buy apple products or not, but I will buy not coz of the brand but coz of the simplicity which I can find in any apple product, when I try to find some other brands,....No You dont have IT!!

Any ways B3AN!!

TC.

-gravedigger


RE: FRAND
By TechCrew on 10/29/2011 3:16:16 PM , Rating: 2
er...
chill buddy... tell me what you know about IT? apple doesnt make for ordinary people , so it makes for mentally disorder nincompoop like you? what apple thinks different ? if billgates give mutual patent agreement for 179 patents in windows to mac os... steve must be back to streets.. infact stevejobs must be thankful.. even though apple sued for patents and judge declared out of 182 , windows have already reserved in windows 1 itself! selling an empty operating system with a silly specs for twice as price as windows is so good? do you know that windows are more than twice as expensive of mac os ? why dont you get a same samsung laptop who is the same components manufuacturer for cheaper price ?
apple stands in the 5th most reliable and the current most reliable is samsung .. worl's most reliable notebook brand currently with just 14.6 % in 3 years of usage. samsung is an ocean, dont compare a pond ( apple) dude? what you know about samsung? world's no.1 technology brand.. check in wiki.. world's largest construction company ( mordern wonders like burj khalifa, petronas,taiwan 101 are by samsung c & t) , world's best tv, world's best phones, world's second largest ship builders, if you love a380... its components is by samsung aviation industries... how can you compare world's 14th technology brand to no.1 brand? go and eat apple...


RE: FRAND
By TechCrew on 10/29/2011 3:20:38 PM , Rating: 2
er...
chill buddy... tell me what you know about IT? apple doesnt make for ordinary people , so it makes for mentally disorder nincompoop like you? what apple thinks different ? if billgates didnt give mutual patent agreement for 179 patents in windows to mac os... steve must be back to streets.. infact stevejobs must be thankful.. even though apple sued for patents and judge declared out of 182 ,179 patents of windows were already reserved in windows 1 itself! selling an empty operating system with a silly specs for twice as price as windows is so good? do you know that windows are more than twice as expensive of mac os ? why dont you get a same samsung laptop , who is the same components manufuacturer for cheaper price ?
apple stands in the 5th most reliable and the current most reliable is samsung .. worl's most reliable notebook brand currently with just 14.6 % in 3 years of usage. samsung is an ocean, dont compare a pond ( apple) dude? what you know about samsung? world's no.1 technology brand.. check in wiki.. world's largest construction company ( mordern wonders like burj khalifa, petronas,taiwan 101 are by samsung c & t) , world's best tv, world's best phones, world's second largest ship builders, if you love a380... its components is by samsung aviation industries... how can you compare world's 14th technology brand to no.1 brand? go and eat apple...


RE: FRAND
By Commodus on 10/5/11, Rating: -1
RE: FRAND
By JasonMick (blog) on 10/5/2011 9:17:55 AM , Rating: 4
quote:
So Samsung admits the techniques in the patents are required if anyone is going to implement the specific 3G standard? Then it comes under the FRAND rules.

The worst case is that the judge is going to require that Apple pay Samsung FRAND licensing fees.

That's not necessarily correct. In other legal disputes companies, including Phillips have been permitted to sue rivals in EU court looking to ban their products from the market... e.g.:
http://www.eplawpatentblog.com/eplaw/2010/03/nl-ph...

The licensing requirement you refer to is not formally defined in EU law. Rather it's a supposed "precedent" set in German court by the "Orange Book" decision:
http://www.tangible-ip.com/2009/the-orange-book-th...

However, there is no official precedent in EU court -- what one country's court decides can be quite different from what another's decides.

Further, Samsung could successfully argue that the patents in question are not essential to the standard (as alternative 3G technologies exist elsewhere) and thus are still eligible for lawsuits, even in regions where F/RAND-based product bans ARE disallowed (such as Germany).

Samsung could well succeed in banning the iPhone 4S in France and Italy, much as Apple banned its tablets in Germany.


RE: FRAND
By semiconshawn on 10/5/2011 9:20:29 AM , Rating: 2
FRAND rules are not law. They are certainly not international law. They are policy/regulations. Policies often do not stand up to the rule of law when challenged.


RE: FRAND
By Phynaz on 10/5/2011 9:54:42 AM , Rating: 2
Actually it's a contract between the patent holder and the governing standards body.

FRAND will certainly hold up in court.


RE: FRAND
By cjohnson2136 on 10/5/2011 10:29:34 AM , Rating: 2
But every court is different. There are different laws that govern contracts. It is not a cookie cutter thing.


RE: FRAND
By Phynaz on 10/5/2011 10:35:36 AM , Rating: 2
You have no idea what a standards body is, do you?


RE: FRAND
By kittypuncher on 10/5/2011 10:45:55 AM , Rating: 2
But apparently you don't realize any standards body is subject to local law/interpretation...


RE: FRAND
By Phynaz on 10/5/2011 11:03:38 AM , Rating: 2
Apparently you don't realize standards bodies are international.

"ITU (International Telecommunication Union) is the United Nations specialized agency for information and communication technologies – ICTs.
We allocate global radio spectrum and satellite orbits, develop the technical standards that ensure networks and technologies seamlessly interconnect....ITU currently has a membership of 193 countries and over 700 private-sector entities and academic institutions. ITU is headquartered in Geneva, Switzerland, and has twelve regional and area offices around the world."

http://www.itu.int/en/about/Pages/default.aspx

Let's see a judge in France take on the UN. That will be hilarious.


RE: FRAND
By cjohnson2136 on 10/5/2011 11:07:29 AM , Rating: 2
Except courts are all based on interpretation. If no precedent is set they can interrupt how they would like. So this could go either way.


RE: FRAND
By Phynaz on 10/5/2011 11:11:43 AM , Rating: 2
People crack me up.

The ITU has been in existence since 1865. You think there hasn't been precedence set in the last century and a half?


RE: FRAND
By drycrust3 on 10/5/2011 8:11:30 PM , Rating: 2
quote:
Let's see a judge in France take on the UN.

You obviously don't understand that what the ITU puts out are RECOMMENDATIONS, not LAWS, e.g. CCITT RECOMMENDATIONS. That means a country doesn't need to adhere to them. For example, the basic PCM system in the USA is a 24 channel system, but the CCITT recommendation is a 30 channel system be used.
The issue of a judge in France taking on the ITU would never arise because the ITU puts out recommendations, so phone companies in France can choose or not choose to adhere to them. For example, if a phone company there decided they didn't like paying foreign licence fees they could build their own entire network that avoided foreign licence fees and patents, but then they would find there were other problems, like having to design and build every aspect of their network to suit their own independent standards, or the fact their network has to connect to competitors networks which are built to ITU recommendations.


RE: FRAND
By kittypuncher on 10/6/2011 3:43:57 AM , Rating: 2
I've already replied, therefore you get my +1 in text form. :)


RE: FRAND
By nafhan on 10/5/2011 11:46:20 AM , Rating: 4
The first letter of FRAND stands for Fair, not Free. If Apple's not paying ANYTHING, then Samsung may have a case, here.


"And boy have we patented it!" -- Steve Jobs, Macworld 2007














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