Samsung Alleges in New Filing That Apple's iPhone 5 Infringes on Its Patents
October 2, 2012 1:01 PM
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Samsung accuses the latest Apple product of violating two cellular and six utility (mobile OS) patents.
, Samsung Electronic Comp., Ltd. (
) has filed an amendment to its patent infringement countersuit against Apple, Inc. (
) in the
U.S. District Court for the Northern District of California
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:
U.S. Patent No. 7,672,470
(filed: 2004; granted: 2010; covers: volume control)
U.S. Patent No. 7,577,757
(filed: 2006; granted: 2009; covers: multimedia synchronization)
U.S. Patent No. 7,232,058
(filed: 2004; granted: 2007; covers: compact data display/notifications)
U.S. Patent No. 6,292,179
(filed: 1999; granted: 2001; covers: touch keyboard)
U.S. Patent No. 6,226,449
(filed: 1997; granted: 2001; covers: image/voice recording)
U.S. Patent No. 5,579,239
(filed: 1994; granted: 1996; covers: video calling/compression)
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 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.
U.S. District Court for the Northern District of California via The Verge/SBNation [PDF]
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10/3/2012 2:44:54 PM
If you have a patent that a large company is clearly infringing on, you're easily going to find a lawyer who will take your case.
10/3/2012 8:02:54 PM
Try it. That sounds so easy and romantic and how we protect the little guy in the "American Dream".
The reality is that these lawyers need money too and can't spend unlimited time trying your case even if they think there is a good possibility of a payback at the end.
Even if you're "in the right" going to court is a crap-shoot. You may win or you may loose on some technicality or a screwed up jury. You think lawyers will all just line up to spend 10 years fighting a giant corporation for you on the hope it might work out?
10/4/2012 12:43:30 AM
Maybe you would find one, but for every one you find they can afford to hire twenty or more top lawyers. It's a losing battle unless you have a major backer since it's a battle of attrition. They bury you in litigation, it doesn't matter if they are correct.
“Then they pop up and say ‘Hello, surprise! Give us your money or we will shut you down!' Screw them. Seriously, screw them. You can quote me on that.” -- Newegg Chief Legal Officer Lee Cheng referencing patent trolls
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