Print 18 comment(s) - last by Tony Swash.. on Dec 27 at 11:11 AM

Samsung says Ericsson is infringing on its patents

Samsung Electronics has announced that it has filed a complaint against Ericsson in the United States with the International Trade Commission. Samsung is seeking a ban on the U.S. import and sale of several products Ericsson makes due to patent violations.

"We have sought to negotiate with Ericsson in good faith. However, Ericsson has proven unwilling to continue such negotiations by making unreasonable claims, which it is now trying to enforce in court," Samsung Electronics said in a statement.

"The accused Ericsson products include telecommunications networking equipment, such as base stations," Samsung said.

Samsung’s share of the networking equipment market is a drop in the bucket compared to Ericsson, but that latter has suffered a significant drop in sales in its network equipment unit. During Q3 of this year, Ericsson saw a 17% decline in sales.
This certainly isn't the only patent litigation that Samsung is undertaking. Samsung and Apple are still battling in court in multiple countries. Apple has filed suit against Samsung for alleged patent infringement on mobile products while Samsung has countersued Apple with the same claims.

Source: Reuters

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RE: Way forward?
By Tony Swash on 12/27/2012 11:11:47 AM , Rating: 2
I a whole pile of wrong in one post - well done.

Apple are the first to use frivolous patents and sue exclusively with just them. And also the multi country, multi district stunts.

The only way to judge a claim frivolous is to see if it stands up in court. Suing in different countries is standard procedure because there is no 'World Court' to hear the case just lots of national one. When there is a choice of venue every player picks the best venue in order to guarantee the best chance of winning, Apple's behaviour is no different to any other protagonist.

They also began with the indirect attacks on Android - HTC, etc instead of Google themselves.

Because it is the Android OEMs which actually make products that compete with Apple products and which Apple considers have infringed their IP. Google in it's usual weasely way distributes Android within a legal framework that exempts them from any legal liabilities or costs associated with an OEM's use of Android.

They were never after licensing or for fair resolution, but were trying to distort the market for Android, and the competition. They were and are trying to create a gray cloud of ligitation over Android.

Apple would rather not license their IP because they use their IP to make distinctive products. There is no legal or ethical imperative to ever license any IP, companies only ever license IP if they calculate that it is in the best interests to do so. Why doesn't Google license it' search algorithms to Bing? Or better yet given their professed commitment to open solutions just make those search algorithms open source?

Defending by distortion and smoke and mirror tactics is the tool of the coward.

Exactly and I hope you are ashamed of yourself.

A good side effect is that the USPTO will be more careful with Apple patents, but then I think Apple will now try to use shell companies to hide it.

Delusional made up gobbledegook without the slightest shred or evidence to back it up. I dare you to post any evidence that the USPTO will be more careful with Apple patents or that Apple will in response use shell companies to hide them.

The fact of the matter is that everyone knows that:

a) Whilst Apple were treating Google as a close and trusted partner (including inviting Google's CEO to sit on it's board) that Goggle was using the information it had about iOS to redesign Android to make it look just like iOS. Only not as good.

b) Several Android OEMs copied significant chunks of Apple's iOS design and in the case of Samsung copied the actual products down to the packaging and the retail stores to sell them. None of that is contentious and in the case of Samsung there is ample evidence made public via their trial that this was a conscious strategy of Samsung's and it was so blatant that even Google warned them they were going to far.

"Young lady, in this house we obey the laws of thermodynamics!" -- Homer Simpson
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