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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: Patents
By TakinYourPoints on 10/2/2012 11:02:58 PM , Rating: 2
Apple actually lost on most of the design and trade dress accounts (aka - rounded corners). It was other technical patents that they won on. They've also had more companies suing them than the other way around for a very long time.

In any case, yes, it is all ridiculous.


RE: Patents
By topkill on 10/3/2012 9:00:25 PM , Rating: 4
But nobody else has been trying to get products banned to gain monopoly positions in whole geographies. Apple is the bad guy pushing that strategy and so noboldy else has any alternatives but to engage in similar tactics.

When I was at IBM, we spent a fortune building up our patent portfolio....for defensive purposes. We never went after anyone, but when they came after us, we simply trotted out the portfolio and told them to go away. Apple was one of the companies we had to watch out for.

Steve Jobs was always terrible to steal ideas and had no compunction whatsoever about turning around and acting like it was his idea to start with...and then suing you for it.


RE: Patents
By inperfectdarkness on 10/5/2012 6:03:08 AM , Rating: 2
that's pretty much the point. apple's actions would be like GM declaring that Ford is free to produce whatever size, shape or color of car that Ford wanted; but since GM owns a patent on doors, Ford can't use doors with its car.

i too would love to see the litigation stop. that said, if samsung remains passive, apple will have the momentum. i'd rather see apple put in its rightful--marginal--place in the market, and then the litigation can die down.


"I modded down, down, down, and the flames went higher." -- Sven Olsen














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