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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 JasonMick (blog) on 10/2/2012 2:11:39 PM , Rating: 2
quote:
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.


"We’re Apple. We don’t wear suits. We don’t even own suits." -- Apple CEO Steve Jobs














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