Apple Refuses to License Some Patents to Samsung, Samsung Fires Back
October 17, 2011 12:28 PM
comment(s) - last by
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
RE: Just more of Apple
10/18/2011 12:11:42 PM
You haven't actually given indication how Apple has "abused" it's monopoly. Here's an example:
Microsoft had a contract with Compaq to prevent Compaq from modifying the Windows boot image. Compaq replaced IE with Netscape and MSN with AOL, on the desktop, ergo modifying the Windows boot image. Microsoft refused to license Windows to Compaq on those terms. The DoJ found it abuse of monopoly in enforcing said contract to gain power over Netscape, using it's Windows monopoly to gain a monopoly over browsers.
Apple iTunes is tied to MP3 players and tablets and phones, but they don't use iTunes to crush other MP3 players, tablets, or phones. They don't prevent you from using iTunes or iPods or iPod touches if you run an Android phone; I've got two coworkers that use, respectively, and iPod touch (for games and tethered browsing) and an iPod (for music) while also using an Android phone.
Likewise with tablets! My sister in law's TouchPad works fine despite iTunes being installed on her PC.
Tying to services together is in fact legal if it isn't anticompetitive; look at how XBox 360 games don't work on PCs nor Macs despite being DirectX compatible and PowerPC compatible. Look at how Wii games don't run on an XBox 360 despite both being PowerPC units.
"It seems as though my state-funded math degree has failed me. Let the lashings commence." -- DailyTech Editor-in-Chief Kristopher Kubicki
Quick Note: Apple Sells Four Million iPhone 4S Smartphones in First Weekend
October 17, 2011, 9:18 AM
Apple Co-founder and Former CEO Steve Jobs Dead at Age 56
October 5, 2011, 7:51 PM
Samsung to Pay Microsoft Royalties for All Android Phones It Sells
September 28, 2011, 3:35 PM
Samsung to Seek Sales Ban on iPhone 5
September 19, 2011, 10:03 AM
Apple Looks to Kill Samsung's Android Tablets and Phones in Britain
September 14, 2011, 4:10 PM
ChipWorks Confirms Apple's iPhone A8 SoC Switch to TSMC
September 22, 2014, 1:41 PM
A Year After It Was First Announced, PlayStation TV Headed to U.S. for $99
September 22, 2014, 11:37 AM
4.7" Samsung Galaxy Alpha to Grace AT&T’s Network Sept. 26 for $199 on Contract
September 22, 2014, 11:16 AM
Apple Sells a Record 10M iPhone 6, iPhone 6 Plus Smartphones During Opening Weekend
September 22, 2014, 8:45 AM
Samsung Hopes to Launch Budget Tizen Device in India by November
September 19, 2014, 5:25 PM
Verizon Wireless Wi-Fi Calling Coming Next Year, Company Sees No Rush to Offer Feature
September 19, 2014, 11:45 AM
Most Popular Articles
HTC Preps Nexus 9 With Nvidia K1 64-Bit "Denver" SoC, Android L Onboard
September 10, 2014, 10:21 PM
Apple iPhone 6, iPhone 6 Plus Reviews Roll In
September 16, 2014, 9:13 PM
Big Media: If You Want Privacy, You're Probably a Pirate
September 18, 2014, 2:57 PM
Apple Cripples NFC in iPhone 6, 6+ With Developer Ban
September 17, 2014, 1:00 PM
"Decepticon" Driver Triumphs Over Cops in Massachusetts Court
September 5, 2014, 12:07 PM
Latest Blog Posts
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information