Apple Refuses to License Some Patents to Samsung, Samsung Fires Back
October 17, 2011 12:28 PM
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Apple agrees to license some low level patents
Apple, Inc. (
) has asserted that if it wins over Samsung Electronics Comp., Ltd. (
) in its slew of international lawsuits [
] it will not license certain patents.
The approach is somewhat unusual in a market where companies like Microsoft, Corp. (
) usually use their patent library to pressure rivals into lucrative licensing agreements [
]. Rather, Apple looks to “one up” competitors’ products with its IP library in order to make its own product more attractive.
In the past, Apple has patented certain technologies that are rather relatively obvious (e.g. its GUI patents including
U.S. Patent No. 7,469,381
) or cover ubiquitous industry standards (e.g.
) that were well-researched academically but were patented by Apple once the technology became mass-producible.
Some have accused Apple of fighting dirty in suing with obvious patents and, thus far, refusing to license industry-standards (e.g. the rectangular tablet design and multi-touch). Similar allegations have
been leveled against Samsung
, who in its countersuits has used certain industry-standard wireless patents covered under "fair, reasonable and non-discriminatory" (F/RAND) terms. While Samsung also uses non-standards patents in its suits, its plan to see a ban on Apple's products using the F/RAND IP is controversial -- much like Apple's identical initial strike.
In the court filing Apple did leave the door open to licensing some patents, rather than refusing to license them and seeking a ban. Apple's lawyers
However, he emphasises that such discussion was part of the broader discussion of a framework by which
Samsung Electronics Co Limited could continue to sell its products with some elements of Apple Inc’s intellectual property, such as some 'lower level patents'
, available to them but would cease copying the features and functionality of Apple Inc's products, and the iPad in particular.
What is unclear is what patents exactly are among those "lower level" ones that Apple would be willing to license.
Samsung isn't taking any chances.
The New York Times
that Samsung has filed suit seeking a sales ban on
the iPhone 4S
via preliminary injunction in Japan's Tokyo District Court and in Australia's New South Wales Registry. The ban would apply to all of Japan and all of Australia if Samsung sees success in its respective claims.
Samsung wants Apple's iPhone 4S banned in Australia and Japan [Source: Apple]
James Chung, a Samsung spokesperson, states, "We are actively responding in (the legal battle) with Apple."
On Sunday Samsung Chief Operating Officer and President Lee Jae-yong journeyed to the U.S. to attend the memorial service of
late Apple co-founder Steven P. Jobs
. He said that he would be meeting with
Apple's new CEO
Tim Cook, but it was unclear whether peace talks would be on the agenda.
Mr. Lee comments, "I will have a chance to meet Cook, but I'm not going there for business purposes. I'm going to pay tribute to Steve Jobs, and I don't know what I will talk about with Cook."
Samsung and Apple now have over two dozen lawsuits in over 10 countries worldwide regarding supposed infringements of mobile device intellectual property.
Samsung Fires Back at Apple iPhone 4S
Federal Court of Australia
This article is over a month old, voting and posting comments is disabled
10/17/2011 3:09:08 PM
This all really just screams for IP Reform in particular, and other legal reforms in general. There also needs to be SIGNIFICANT punitive damages for parties bringing frivolous and unwarranted lawsuits. If the downside is big enough, it may curtail some of these idiotic lawsuits.
RE: Apple suits
10/17/2011 4:02:01 PM
Pretty much. The fact that even advisers to the patent courts and the quantity of evidence supporting peer-reviewed work is being ignored when Apple obtains patents. I can also understand the minimalist design but when you see tons of the other tablets with all of their buttons, the questions begs to ask "what is exactly even minimalist" as other tablets have multiple side buttons. The fact that courts seem that a "rectangle" that is thin isn't something common (like a TV) is also a copyright-able design element is even more idiotic.
It's become like a medical industry war of simply occupying patents, even the most ridiculous, in such broad terms that you can really sue or force large licensing agreements. Windows may be happy as it hopes to see more of its Windows 7 Phones sell but Apple is really that large company that is ethically becoming worse and frankly, I never needed to be told I held my phone wrong either.
"We’re Apple. We don’t wear suits. We don’t even own suits." -- Apple CEO Steve Jobs
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