Samsung planning legal offensive against Apple's unreleased iPhone 5

Posted:
in iPhone edited January 2014
Samsung has already planned out an aggressive legal strategy to block sales of Apple's unannounced iPhone 5 when it arrives in Korea, a new report claims.



Insiders at the South Korean electronics giant indicated to the Korea Times that the company plans to immediately take its legal battle to the next generation of products when Apple attempts to release the iPhone 5 in Korea.



"Just after the arrival of the iPhone 5 here, Samsung plans to take Apple to court here for its violation of Samsung?s wireless technology related patents," said an anonymous Samsung senior executive.



"For as long as Apple does not drop mobile telecommunications functions, it would be impossible for it to sell its i-branded products without using our patents. We will stick to a strong stance against Apple during the lingering legal fights," he added.



Another executive with the company highlighted alternative strategies that its legal team has planned. "We are taking different tactics since we are quite confident," he said. "If Samsung wins in Germany that will give us a big breakthrough and so will other envisioned efforts against such products as the iPhone 5."



In June, a U.S. judge denied a request by Samsung to see Apple's next-generation iPhone. The company had filed the motion as a counter to Apple's request to see unreleased products by Samsung. Apple had, however, restricted its request to already-announced products, while Samsung was asking to see devices that Apple has yet to announce.



Samsung officials also told the publication that Apple's fifth-generation iPhone would add near-field communication (NFC) technology to introduce e-wallet functionality. Apple itself has given no indication that it will add NFC capability to the next iPhone, though rumors have swirled about the feature, with one recent report claiming that it will arrive either on the fifth or sixth generation of the handset.



Employees of the company, which doubles as a rival and supplier to Apple, have leaked information regarding upcoming Apple products in the past. Last week, a former Samsung manager admitted to leaking information on the unreleased iPad while working for the company in 2009.



The patent war between Apple and Samsung has quickly escalated since the iPhone maker fired the first shot in April. At least 23 lawsuits are pending between the two companies across a number of countries. Apple has seen a few early victories against Samsung, including a permanent ban preventing its rival from selling the Samsung Galaxy Tab 10.1 tablet in Germany.

«1345678

Comments

  • Reply 1 of 154
    This is getting childish. It's been childish for a while. Apple should move away from Samsung and be done with it. It's like a disfunctional divorce where both parties hate each other, yet they still like ####ing each other
  • Reply 2 of 154
    jmmxjmmx Posts: 341member
    Quote:
    Originally Posted by marokero View Post


    This is getting childish. It's been childish for a while. Apple should move away from Samsung and be done with it. It's like a disfunctional divorce where both parties hate each other, yet they still like ####ing each other



    You miss the point. Samsung is infringing on Apple's IP. Apple puts effort into innovating, then others copy it lock stock and barrel. That simply is not fair.



    If you had invented something and others ripped you off, you would be upset as well.
  • Reply 3 of 154
    jmmxjmmx Posts: 341member
    Quote:
    Originally Posted by AppleInsider View Post






    "For as long as Apple does not drop mobile telecommunications functions, it would be impossible for it to sell its i-branded products without using our patents. We will stick to a strong stance against Apple during the lingering legal fights," he added.




    The implied premise there is that the telecommunications functions require their patents. But such patents as become part of telcom standards are required to uphold FRAND principles. In this case, they can not withhold licensing them for Fair Reasonable and NonDiscriminatory fees.



    In many cases (I believe), such fees are covered in the parts Apple buys.



    So I do not see any real threat in these suits. Samsung is just blowing a lot of hot air.
  • Reply 4 of 154
    Quote:
    Originally Posted by jmmx View Post


    The implied premise there is that the telecommunications functions require their patents. But such patents as become part of telcom standards are required to uphold FRAND principles. In this case, they can not withhold licensing them for Fair Reasonable and NonDiscriminatory fees.



    In many cases (I believe), such fees are covered in the parts Apple buys.



    So I do not see any real threat in these suits. Samsung is just blowing a lot of hot air.



    I agree with this.
  • Reply 5 of 154
    tylerk36tylerk36 Posts: 1,037member
    Bring it on!!!!!
  • Reply 6 of 154
    Has Samsung been thinking of their own image and customer base in Korea?



    If Samsung do somehow (miraculously) win this fight to block iPhone 5, will this indirectly piss off Korean Apple fans who might also buy Samsung products?



    I can understand Apples case of an obvious rip off from Samsung of the iPhone and iPad but would it work to Samsungs advantage and branding if they block the iPhone5? Be careful Samsung, your pride is getting in the way of your business sense.
  • Reply 7 of 154
    Quote:
    Originally Posted by jmmx View Post


    You miss the point. Samsung is infringing on Apple's IP. Apple puts effort into innovating, then others copy it lock stock and barrel. That simply is not fair.



    If you had invented something and others ripped you off, you would be upset as well.



    If I invented a car, does that give me the right to sue every other car maker in the world? I think it's hysterical that Ford and GM both have made cars and trucks that look nearly identical for decades, and yet both have been successful without suing each other constantly. Why do you think that is? Apple already controls the majority of the smart phone market, so what exactly are they afraid of? If competition is such an issue for them, maybe they should release a superior product instead of hiding behind a bunch of overpaid suits.
  • Reply 8 of 154
    gxcadgxcad Posts: 120member
    Quote:
    Originally Posted by moustache View Post


    Has Samsung been thinking of their own image and customer base in Korea?



    If Samsung do somehow (miraculously) win this fight to block iPhone 5, will this indirectly piss off Korean Apple fans who might also buy Samsung products?



    I can understand Apples case of an obvious rip off from Samsung of the iPhone and iPad but would it work to Samsungs advantage and branding if they block the iPhone5? Be careful Samsung, your pride is getting in the way of your business sense.



    And likewise, Apple taking legal action against Samsung might piss off Samsung fans into buying less Apple products? Bet this argument is taking place right now over on samsunginsider.com
  • Reply 9 of 154
    Quote:

    said an anonymous Samsung senior executive.



    Wow. Sure is putting his "money" where his mouth is.





    Samsung likes to talk big.



    But they have yet to nail anything on Apple nor even defend itself against what Apple throws at it (e.g. injunction against Galaxy Tab in Germany) despite all their "boasting".



    In this case, they don't even know what they will be suing about but have started yelling already.



    I find it hard to believe Apple didn't check the patent portfolio of it's biggest "frienemy" while designing their products.

    You can expect counter suits too, Apple's patent portfolio has grow quite a bit over the years. *cough*Nortel*cough*.



    Worst case = MAD



    Their competitors will of course be laughing their ass off if that happens.
  • Reply 10 of 154
    Quote:
    Originally Posted by Cash907 View Post


    If I invented a car, does that give me the right to sue every other car maker in the world? I think it's hysterical that Ford and GM both have made cars and trucks that look nearly identical for decades, and yet both have been successful without suing each other constantly. Why do you think that is? Apple already controls the majority of the smart phone market, so what exactly are they afraid of? If competition is such an issue for them, maybe they should release a superior product instead of hiding behind a bunch of overpaid suits.



    This pretty much, though I don't think Apple controls the majority any longer. That might explain their insecurity. A shrinking market share means they fear becoming sieged from all sides.
  • Reply 11 of 154
    Samsung needs to do something, ANYTHING, to keep from getting crushed. Even if it's wildly irrational. It just might fool some of their shareholders and keep their top management in place.



    It'll be funny to see them get smacked down again. If Samsung really wants to sue Apple over basic wireless technology, they'll need to sue every other handset manufacturer that uses that technology. Basic technology patents are encumbered by "fair use" clauses. They're designed to prevent patent-holders from choosing who gets to use their patents and who doesn't.





    Who knows? Maybe they'll start citing Star Trek and Star Wars as prior art. They've already tried using other sci-fi movies like 2001: A Space Odyssey
  • Reply 12 of 154
    hmmhmm Posts: 3,405member
    Corporate litigation is way out of hand from both directions. It's getting kind of ridiculous and in the end it just ties up the court systems.
  • Reply 13 of 154
    Quote:
    Originally Posted by Jack99 View Post


    This pretty much, though I don't think Apple controls the majority any longer. That might explain their insecurity. A shrinking market share means they fear becoming sieged from all sides.



    Android's ultimate fate is already being revealed. Strip out everything but the kernel. Get rid of the "profit layer" that shows AdMob ads, cut out the weed patch Market, and use alternate search engines. Like the Grid 10 does. Like Amazon will soon be doing. Like Baidu is doing in China. The ultimate expression of "open."



    Android handsets generate only $6-$10 per user for Google. Per year. Microsoft makes at least $5 per copy of Android from patent licensing fees. Do the math.



    Oh, and it's looking rather grim for Fragdroid in the iPad and iPad clone market. Microsoft will snap up all the crumbs that Apple leaves behind. Windows 8 Tablet is looking pretty good. And Oracle isn't suing Microsoft for illegally copying Java.
  • Reply 14 of 154
    wizard69wizard69 Posts: 12,720member
    Quote:
    Originally Posted by Cash907 View Post


    If I invented a car, does that give me the right to sue every other car maker in the world?



    Yes if you have a valid patent to novel technology.

    Quote:

    I think it's hysterical that Ford and GM both have made cars and trucks that look nearly identical for decades, and yet both have been successful without suing each other constantly.



    Actually over the years there has been a bit of suing amongst auto makers. What is notable here is that auto manufacturing is an old technology many of the applicable patents have expired by now.

    Quote:

    Why do you think that is?



    I don't think it is, rather you appear to be mis informed.

    Quote:

    Apple already controls the majority of the smart phone market, so what exactly are they afraid of?



    Not even close, Apple might have a quarter of the market. In any event they have a legitimate concern about having their technology ripped off.

    Quote:

    If competition is such an issue for them, maybe they should release a superior product instead of hiding behind a bunch of overpaid suits.



    Are you a complete idiot, democrat or just dysfunctional in some way? That is exactly what Apple did, they released a superior product. They aren't hiding behind anybody they are rather going after the ripoff artist at Samsung. What you should be asking is why is Samsung so lazy that they can develop their own technology and user interfaces.
  • Reply 15 of 154
    habihabi Posts: 317member
    Quote:
    Originally Posted by Cash907 View Post


    If I invented a car, does that give me the right to sue every other car maker in the world? I think it's hysterical that Ford and GM both have made cars and trucks that look nearly identical for decades, and yet both have been successful without suing each other constantly. Why do you think that is? Apple already controls the majority of the smart phone market, so what exactly are they afraid of? If competition is such an issue for them, maybe they should release a superior product instead of hiding behind a bunch of overpaid suits.



    Please educate yourself. Go on a 101 course on patentlaw and then come back on the subject.



    -You can´t patent a car. And a car isnt just one patent but a large bunch of possible patents that have been added to the idea of a wheel for decades. You cant patent and idea but a way to solve a problemin some way. You can still usually invest time to solve the problem in another way so you dont infringe on a particular patent. Otherwise you might license the patent if you dont want to invest in developing other ways to do something.



    - You can patent an automatic transmisson if you made a breaktrough in r&d and made it 30% cheaper to produce because you made the construction so that you can leave some parts that where previously needed or you made it more efficient so that the you save 25% more energy. This might still thread on another patent but you made it significantly better or it might be so significantly different that it doesnt thread on existing patents. This just all depends on the current patents.



    -you might get a design patent and when you produce something your product is protected by trade dress so nobody can make something that looks exactly like your product without consequences. The idea though is that you cant make something look so close that it will probably be mistaken for another manufacurers device.
  • Reply 16 of 154
    Quote:
    Originally Posted by Cash907 View Post




    I think it's hysterical that Ford and GM both have made cars and trucks that look nearly identical for decades, and yet both have been successful without suing each other constantly.



    Totally...



  • Reply 17 of 154
    Quote:
    Originally Posted by SockRolid View Post


    Android's ultimate fate is already being revealed. Strip out everything but the kernel. Get rid of the "profit layer" that shows AdMob ads, cut out the weed patch Market, and use alternate search engines. Like the Grid 10 does. Like Amazon will soon be doing. Like Baidu is doing in China. The ultimate expression of "open."



    Android handsets generate only $6-$10 per user for Google. Per year. Microsoft makes at least $5 per copy of Android from patent licensing fees. Do the math.



    Oh, and it's looking rather grim for Fragdroid in the iPad and iPad clone market. Microsoft will snap up all the crumbs that Apple leaves behind. Windows 8 Tablet is looking pretty good. And Oracle isn't suing Microsoft for illegally copying Java.





    Ummm, I don't think the point of my post was to address profit margins. You brought up a completely irrelevant point.



    In other words, nice try with the red herring, but your reasoning skills are lacking, but that may be because you're incapable of understanding the issues because of your fanboy obsessions. The rest of us are just trying to have a discussion here instead of engaging in internet pissing contests.



  • Reply 18 of 154
    Quote:
    Originally Posted by Michael Scrip View Post


    Totally...









    Oh noes. GM and Ford should sue each other!!!!!!!!















  • Reply 19 of 154
    Samsung is hilarious. First they rip off Apple's design, get their ass handed to them in legal battles, have their products blocked in several countries, and then they turn right back around and copy Apple's legal tactics! They're now asking for the very same injunctions Apple had placed on them, and even after being denied early access, planning on trying to block unannounced, unreleased products that they weren't allowed to preview for their case preparation. Desperation is a stinky cologne, Sammy.



    This is beginning to sound like PeeWee's "I know you are but what am I?" argument.



    Can Apple sue Samsung for copying their legal strategy?
  • Reply 20 of 154
    drdoppiodrdoppio Posts: 1,132member
    LOL, after the last few posts, I am getting car ads in the banners. Gotta love the omniscient internets. Normally the ads are about either Android/Google or repair of Apple products by third parties. I suppose Apple wouldn't waste money advertising on appleinsider.com
Sign In or Register to comment.