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
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RE: Just more of Apple
10/18/2011 6:16:07 AM
All my devices used to be Samsung including Fridge and all TV's throughout the house but they completely lost my business over the fridge. It broke within the warranty period, and then they procrastinated for more than 2 months (2 months without a fridge!) trying to send a spare part from Belgium to London with little to no communication despite me calling to harrass them every 2 days. Suffice it to say I no longer use their products. I've switched my TVs to LG passive 3D, and all appliances have transitioned to being Bosch/Neff. I would not use one of their phones/tablets in a month of Sundays no matter what the cost feature-set or styling, even if they paid me.
Apple, whenever I have needed service on my phones have been prompt, organised and responsive. They are not perfect, and they are a bit arrogant, but they provide the best service that I have encountered, and are far preferable to Samsung in my own experience, who are utterly shambolic.
"We are going to continue to work with them to make sure they understand the reality of the Internet. A lot of these people don't have Ph.Ds, and they don't have a degree in computer science." -- RIM co-CEO Michael Lazaridis
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