Samsung Plans to Sue Apple Over iPhone 5 LTE Patent Violations Right Out of the Gate

[dgstorm]

According to a late breaking story from last night, Samsung isn't messing around with their counter-attack on Apple. According to insider sources, Samsung will sue Apple for violating its LTE patents with the iPhone 5 just as the phone is launched tomorrow. Here's the quote,

"It’s true that Samsung Electronics has decided to take immediate legal action against the Cupertino-based Apple. Countries in Europe and even the United States ― Apple’s home-turf ― are our primary targets,’’ said an industry source.

It's interesting that Samsung is suing Apple for a feature that so far has only been rumored to be in the iPhone 5. Still, even though there has been no official confirmation from Apple, the entire industry is 99% sure that Apple will include the faster networking technology in their newest iPhone. Otherwise, their phone will continue to slip backwards as competitors outpace them in technological advancements.

Additionally, what makes this an even more important case for both companies is that these LTE patents will most likely not fall under the FRAND licensing. This means that Samsung can potentially ask for a lot more in damages from Apple. Here's another quote with more detail,

"Apple claimed the existing 3G-related patents are standard essential patents (SEPs) according to our earlier commitment to the FRAND (fair, reasonable, and non-discriminatory) terms. But the story is totally different when you talk about LTE patents. These are new and highly-valued,’’ said another source.

Ultimately, the likely outcome (and probably Samsung's intent) is that Apple will end up being forced to work out a licensing deal that is far more fair and equitable than the lop-sided court win they received in the United States recently.

Thanks for the tip, WERA689!

Source: CNET and KoreaTimes

 

[Narsil]

[video=youtube;U39kfgjuie4]http://www.youtube.com/watch?v=U39kfgjuie4&feature=related[/video]

 

[94lt1]

I would love to see them get the iphone 5 taken off the shelves... lol

 

[NeoPhoenixTE]

For the first time in all these patent wars, my brain just now popped up with Phoenix Wright imagery.

Godspeed Samsung. Fight the good fight. With Google soon to be at their doorstep, Apple has certainly stirred a heck of a hornet's nest.

 

[swc2001]

Hopefully this will teach Apple what goes around comes around. Hopefully they will learn to play nice so that Innovation can flourish.

 

[champaned_out]

apple.... just die off already please or learn to play nice and actually invent something worth while

 

[akhenax]

Easier said than done.

LTE (telecommunication) - Wikipedia, the free encyclopedia

LTE (an initialism of Long Term Evolution), marketed as 4G LTE, is a standard for wireless communication of high-speed data for mobile phones and data terminals. It is based on the GSM/EDGE and UMTS/HSPA network technologies, increasing the capacity and speed using a different radio interface together with core network improvements. The standard is developed by the 3GPP (3rd Generation Partnership Project) and is specified in its Release 8 document series, with minor enhancements described in Release 9.

I think Sammy should lick their wounds and move on.

 

[jseah]

Easier said than done.

LTE (telecommunication) - Wikipedia, the free encyclopedia



I think Sammy should lick their wounds and move on.

I don't know the exact patents that are in question, but I would think that the patents would have nothing to do with the LTE standard, in which case it would not be subject to FRAND. That said, it is interesting that Apple's implementation of LTE in the iPhone 5 could be in violation of both Samsung AND HTC's LTE patents. And there has been recent articles that Apple had went out and purchased a fairly large portfolio of LTE patents themselves. So it is pretty interesting that LTE could have generated so many different and distinct patents.

 

[dfcfu342]

Its not the LTE standard that is in question its the components and how the phone handles the LTE that is in question. Hard parts are quite patentable, and at the moment, how software works is also patentable.

 

[Jeyman]

Hey guys wiki says samsung is wrong, they need to move on. ~_~ really did you post wiki as a source?

Also LTE is not the only 4g tech, wimax may be failing(and odds are will lose) but the supporters have not given up on it. As such, LTE is the industry leading 4g tech, not standard.

 

[MissionImprobable]

Despite all of Tim Cook's smug there's no way he isn't worried about this to some extent. I think Samsung and HTC requiring Apple to pay around $15 per device would be about fair.

Apple just had to keep playing these ignorant games instead of innovating. There is almost zero chance that anything Apple reveals tomorrow will be ahead of the curve and with many major manufacturers yet to release their final devices of the year Apple will still be playing catch-up with whatever they drop next year. One great point I've seen made lately is that because Apple has dumbed their OS down so much they are unable to release too many new features at once for fear of alienating their customers whom they've brainwashed into thinking themselves incapable of handling too much in the way of options. As 4G will have to be one of their major selling points odds are low that they can afford to diddle around with this, especially as this situation will very likely lead to a functional injunction that will more than hurt holiday sales. Learn your lesson before it's too late Apple or you'll end up back on the scrap heap as an "also ran" of the early 21st century.

 

[xeene]

pretty sure if the case will be handled in united states apple will win unanimously. samsung needs to learn their lesson and move on, as much as i dislike apple.

 

[jroc]

Despite all of Tim Cook's smug there's no way he isn't worried about this to some extent. I think Samsung and HTC requiring Apple to pay around $15 per device would be about fair.

Apple just had to keep playing these ignorant games instead of innovating. There is almost zero chance that anything Apple reveals tomorrow will be ahead of the curve and with many major manufacturers yet to release their final devices of the year Apple will still be playing catch-up with whatever they drop next year. One great point I've seen made lately is that because Apple has dumbed their OS down so much they are unable to release too many new features at once for fear of alienating their customers whom they've brainwashed into thinking themselves incapable of handling too much in the way of options. As 4G will have to be one of their major selling points odds are low that they can afford to diddle around with this, especially as this situation will very likely lead to a functional injunction that will more than hurt holiday sales. Learn your lesson before it's too late Apple or you'll end up back on the scrap heap as an "also ran" of the early 21st century.

With Android doing 3D and dual screen phones, phones with a lil ticker screen....from a year ago...its gonna be real hard for Apple to out innovate Android on the hardware side. Software....I doubt it again. Apple going to LTE .....thats old news for Android phones. I seriously think Android has past Apple on the innovation side of things. Its time for Apple to just focus on being another choice for a phone and stop trying to be the only choice. Or stop trying to force everyone to pick them as the only choice.

And I think some ppl might not realize that a FRAND patent doesnt mean its free to use. FRAND just means one cant try to get outrageous license fees. This is what happened with the Apple vs Moto FRAND patent case. Apple wasnt paying ....anything.... . The same type of thing could happen with HTC/Samsung vs Apple. We will see how it all unfolds when the iPhone 5, new iPhone releases.

 

[jseah]

And I think some ppl might not realize that a FRAND patent doesnt mean its free to use. FRAND just means one cant try to get outrageous license fees. This is what happened with the Apple vs Moto FRAND patent case. Apple wasnt paying ....anything.... . The same type of thing could happen with HTC/Samsung vs Apple. We will see how it all unfolds when the iPhone 5, new iPhone releases.

According to the various articles, the patents in question aren't FRAND patents. Besides, I thought FRAND meant that the patent owner had to allow other companies to license them, and had to charge the same they charge other companies. For example, assume Samsung has a FRAND patent that Apple wants to license. Samsung cannot refuse to allow Apple to license it, and Samsung also cannot charge Apple more for the patent that they are charging Motorola, or Nokia, or any other company.

 

[bacK_N_87]

Easier said than done.

LTE (telecommunication) - Wikipedia, the free encyclopedia

I think Sammy should lick their wounds and move on.

Agreed.