Print 43 comment(s) - last by inperfectdarkn.. on Oct 5 at 6:03 AM

Samsung accuses the latest Apple product of violating two cellular and six utility (mobile OS) patents.

As expected, Samsung Electronic Comp., Ltd. (KSC:005930) has filed an amendment to its patent infringement countersuit against Apple, Inc. (AAPL) in the U.S. District Court for the Northern District of California alleging that the iPhone 5 infringes on six of its patents.

I. Samsung Alleges iPhone 5 Infringement

Two of those patents involve the 3G UMTS standard (which Apple may be free to license at a low rate as they are FRAND standards patents).  

The other six patents are more dangerous, however, since they are utility patents and hence Samsung has no licensing obligations to Apple.  Those patents are:

Samsung claims Apple's new sixth-generation iPhone infringes on all of these patents.

II. Adding to the Existing Dispute Doesn't Necessarily Mean a Loss for Samsung

The phonemaker wants to inject its new iPhone 5 accusations into its partially-complete current case, replacing a placeholder in the original filing referring to future products.  Samsung claims, "judicial resources will be preserved" by this approach.  The decision would also benefit Samsung by allowing it to potentially achieve a rapid ban on the iPhone 5 if Judge Paul S. Grewal or other judges in the case decide in Samsung's favor.

Recall that in its previous legal loss to Apple in the same court, a jury ruled that Apple's previous iPhones did not infringe on any of these Samsung patents, while finding Samsung to infringe on virtually every Apple patent asserted.  

However, substantial questions regarding that ruling have been raised on several grounds -- notably that at least one juror had family members who were large Apple shareholders, that the jury was given a massive amount of arguments to consider in a narrow time window, and that some jury instructions appeared to have been biased towards Apple.

In that regard, Samsung's Aug. 24 loss before the jury may not necessary mirror the outcome in this second phase.

Samsung v. Apple
Samsung hopes for a better result in rount two of its Californian federal court dispute with Apple.
[Image Source: Android Authority]

Apple recently sought to triple the damages against Samsung to $3B USD on the grounds that jurors found Samsung's infringement to be willful.  Apple is also pushing the court to ban most of Samsung's Android smartphones from sale in the U.S.

Source: U.S. District Court for the Northern District of California via The Verge/SBNation [PDF]

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RE: this is getting old...
By Camikazi on 10/2/2012 1:40:50 PM , Rating: 3
That would be nice but Apple is on a warpath trying to get all Samsung products banned so that can't happen right now. Samsung has to fight back just to try and curb Apple's attacks.

RE: this is getting old...
By JasonMick on 10/2/2012 2:11:39 PM , Rating: 2
That would be nice but Apple is on a warpath trying to get all Samsung products banned so that can't happen right now. Samsung has to fight back just to try and curb Apple's attacks.
Cue eternal war...

"The peace could not be made as we were under attack. So we must attack the enemy. Peace shall not be made for now and forever, until the entire society crumbles under the attrition and the carnage or one side emerges victorious and rules over all, a despot over the broken remains. Thus the eternal war is waged."

(Source: Me!)

RE: this is getting old...
By magmaviper on 10/2/2012 4:16:11 PM , Rating: 2
I bet Apple holds the patent on text enclosed in parenthesis. Prepare to hear from their lawyers.

RE: this is getting old...
By geekman1024 on 10/2/2012 10:36:03 PM , Rating: 2
I think up next in court, Apple is claiming they own the Galaxy. Pun intended.

RE: this is getting old...
By TakinYourPoints on 10/2/2012 11:07:45 PM , Rating: 2
Even Google told Samsung to knock it off with their product designs. Fortunately they are getting farther and farther away from copying Apple's designs than they were a year ago. They kind of have to, and it is ironic that these patent lawsuits gave them a kick in the pants to actually innovate with their own unique designs rather than being so blatant with their copying.

The Galaxy X in particular was such a "you've gotta be kidding me" move with its obvious 3G/3GS styling. Now if they were forced to drop the awful TouchWiz UI then it'd be another win for Samsung customers, vanilla Android by default!

RE: this is getting old...
By retrospooty on 10/3/2012 12:11:22 PM , Rating: 2

Takin, Even Woz disagrees with your slanted take on it.

All companies build off the succeseful ideas of others and always have. The only difference with Apple is they somehow think they are above it all now, as if they didnt copy dozens of things from Palm on the original iPhone. Its ridiculous and you know it.

RE: this is getting old...
By TakinYourPoints on 10/4/2012 12:01:23 AM , Rating: 2
Good for him. I'm all for companies actually innovating and doing unique designs. The Galaxy line has already started to diverge away from the Apple style, wouldn't you like to see this continue further?

One of the things I love about WP is how logical and functional the design of the OS and hardware while completely doing their own thing.

RE: this is getting old...
By testerguy on 10/4/2012 10:17:45 AM , Rating: 2
It's like you think Woz's opinion means anything in the logical world.

When all you can do to defend a point of view is to point out someone else with that same point of view, you've already failed.

The difference, as I've illustrated above - is that all companies take inspiration but add their own value without infringing design patents, utility patents and trade dress. Samsung didn't. They just copied. They forgot to 'build off the successful ideas' - they just rebuilt the successful and patented ideas.

They also tried to ban the 4S over 3G patents - with zero success, and now trying to ban the 5 over LTE patents. That strategy existed way before the result of this court case. To try and excuse a company who seeks bans over FRAND patents repeatedly, and blatantly rips off an entire product range to the tune of $1bn in damages - is quite frankly ridiculous.

RE: this is getting old...
By retrospooty on 10/4/2012 1:24:18 PM , Rating: 2
Woz's opinion was added and is relevant as someone with inside knowledge if the industry, invention, tech products, and Apple the company itself. Your opinion is the one that means nothing.

"This is about the Internet.  Everything on the Internet is encrypted. This is not a BlackBerry-only issue. If they can't deal with the Internet, they should shut it off." -- RIM co-CEO Michael Lazaridis

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