Samsung to sue Apple over LTE patents, partner with Microsoft to avoid Android lawsuits

Posted:
in iPhone edited January 2014
Reeling from its scathing jury verdict, Samsung executives have promised to continue litigation with Apple over patents while also partnering with Microsoft to cut its dependency on Google's Android.

According to a report by the Korean Times, Samsung plans to not only appeal the jury's findings of its willful infringements, but also to pursue new patent litigation related to 4G LTE networks.

Abuse of patent law, not the pursuit of innovation

The paper stated that "Samsung confirmed that it will immediately sue Apple if the latter releases products using advanced long-term evolution (LTE) mobile technology," although Apple already has released New iPad models with 4G LTE connectivity, having introduced them nearly six months ago.

Suing over new standards essential patents related to LTE would only expand the trouble Samsung is facing in its efforts to defend its willful infringement of Apple's utility patents, and most critically its overt infringement of Apple's design patents and its registered trade dress, by leveraging standards patents already committed to Fair, Reasonable and Nondiscriminatory (FRAND) licensing terms.

Samsung controls less than an eight of the patents related to LTE, with Nokia, Qualcomm and Ericsson accounting for 43 percent. However, Samsung has pursued the same strategy as Google's Motorola subsidiary in arguing that it only takes "one bullet to kill," or that just a few standards essential patents can be use to successfully monopolize entire markets. Both companies are under investigation in the U.S. and E.U. for allegedly abusing patent law with regard to FRAND-committed patents.

The same jury that found Samsung in infringement threw out all of Samsung's patent claims against Apple, including those related to the 3G specification. Apple argued that it does not infringe upon the patents, but also that Samsung misled standards bodies by hiding patents covering the technology it submitted for inclusion in those standards.

Proper disclosure of the patents would have clarified the situation, as patents contributed to industry standard specifications such as MPEG, WiFi, 3G and LTE are required to be broadly licensed under FRAND terms. Apple itself has contributed to such industry standards as H.264 and HTML5, in prominent cases giving up its patent rights entirely to help forge standards (as was the case with MPEG 4's QuickTime container format and HTML5's Canvas features, both of which are now free, not just FRAND).

Despite its threats to ramp up litigation, Samsung has also complained in a letter to its employees that a company can't win over customers and continuously grow "when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation."

From a "crisis of design" to just a "crisis"

Samsung's attempts to escape from what its internal documents described as a "crisis of design" were portrayed by Apple in the trial as being an intense, three month effort to closely copy the iPhone, a tactic Apple's attorney's said was approved by the company's top executives.


Samsung Electronics chairman Lee Kun-hee | Source: Korean Times


The Korean Times quoted Kim Sang-jo, a professor of economics at Hansung University, as noting that "the leadership of Samsung Chairman Lee Kun-hee is being put on the test as Samsung is in crisis, at least for the time being."

It cited a Samsung executive as saying "the chairman calmed down and slightly closed his eyes after he was briefed [on the verdict]. But he didn?t say anything further."

The article also cited unnamed officials as saying that Samsung is "closely partnering with Microsoft to cut its dependency on Google Android," while at the same time stating that "Samsung has been in talks with major U.S. carriers to jointly develop modified design technology. This will be effective, though we can?t unveil more details for the time being."

Samsung previously partnered with Microsoft to use Windows Mobile, the platform powering its popular line of BlackJack phones that were selling when the iPhone debuted. Since the iPhone, however, Samsung has largely sidelined its support for Microsoft's mobile platforms to focus on Android.

Samsung currently sells smartphones running Android 2.x Froyo and Gingerbread, Android 3.x and 4.x, as well models running its own Bada platform. It recently introduced new Windows Phone 8 phones and tablets running Windows 8.
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Comments

  • Reply 1 of 99
    muppetrymuppetry Posts: 3,328member


    This looks like posturing for domestic consumption, so probably should not be taken at face value.

  • Reply 2 of 99
    icoco3icoco3 Posts: 1,459member

    Quote:

    Originally Posted by AppleInsider View Post



    .... It recently introduced new Windows Phone 8 phones and tablets running Windows 8.


     


    huh??


     


    edit:  yesterday I guess....or is it an iPhone announcement????


     


  • Reply 4 of 99
    quadra 610quadra 610 Posts: 6,743member


    The article also cited unnamed officials as saying that Samsung is "closely partnering with Microsoft to cut its dependency on Google Android,"


     


     


    Which would just prove Apple's case. 


     


    Especially when nearly all of Samsung's (dominant) mobile marketshare is based on Android. 

  • Reply 5 of 99
    quadra 610quadra 610 Posts: 6,743member


    Suing over new standards essential patents related to LTE would only expand the trouble Samsung is facing in its efforts to defend its willful infringement of Apple's utility patents, and most critically its overt infringement of Apple's design patents and its registered trade dress, by leveraging standards patents already committed to Fair, Reasonable and Nondiscriminatory (FRAND) licensing terms.



    Samsung controls less than an eight of the patents related to LTE, with Nokia, Qualcomm and Ericsson accounting for 43 percent. However, Samsung has pursued the same strategy as Google's Motorola subsidiary in arguing that it only takes "one bullet to kill," or that just a few standards essential patents can be use to successfully monopolize entire markets. Both companies are under investigation in the U.S. and E.U. for allegedly abusing patent law with regard to FRAND-committed patents.



    The same jury that found Samsung in infringement threw out all of Samsung's patent claims against Apple, including those related to the 3G specification. Apple argued that it does not infringe upon the patents, but also that Samsung misled standards bodies by hiding patents covering the technology it submitted for inclusion in those standards.



    Proper disclosure of the patents would have clarified the situation, as patents contributed to industry standard specifications such as MPEG, WiFi, 3G and LTE are required to be broadly licensed under FRAND terms. Apple itself has contributed to such industry standards as H.264 and HTML5, in prominent cases giving up its patent rights entirely to help forge standards (as was the case with MPEG 4's QuickTime container format and HTML5's Canvas features, both of which are now free, not just FRAND).


     


     


    That would be one hellacious can of worms for Samsung. Horrible, horrible strategy. 

  • Reply 6 of 99


    I don't own a iPhone or anything close to a smartphone, but the gum flapping that Samsung has been doing in recent days tells me that they are sore losers and if I ever do have the inclination to buy a smartphone, Samsung has lost my business even before they had it. This goes for anything made by Samsung.

  • Reply 7 of 99
    Is it me or does the device look the same as any other? What makes it new? Besides the shitware known as windows 8?
  • Reply 8 of 99
    mcrsmcrs Posts: 172member


    Yupe, Samsung had just unveiled its line up for W8 and WP8 devices in Berlin yesterday. It definitely steals some thunder out of the planned joint announcement by the "two steves" Elop and Balmer on Nokia's new devices running the exact same OS'es later next week. I still can't quite figure out Samsung's game plan though. Is it to rule the world via smartphones? Does Samsung actually embed some sort of mind-controlling chips inside all of its phones?


    Quote:

    Originally Posted by icoco3 View Post


     


    huh??


  • Reply 9 of 99


     


    It's basically a Galaxy S3 shell running Windows Phone. I see Samsung trying to drag Microsoft into it's battle with Apple.

  • Reply 10 of 99
    tallest skiltallest skil Posts: 43,399member


     


  • Reply 11 of 99
    icoco3icoco3 Posts: 1,459member


    In other news, Parallels 8 for iOS has been shown running Windows Phone 8 on a prototype iPhone expected to launch sometime in September.

  • Reply 12 of 99
    jason98jason98 Posts: 763member


    What about Apple defense with the 4g patents acquired from Nortel?

  • Reply 13 of 99
    dgnr8dgnr8 Posts: 196member


    I thought the whole point to FRAND was to make available to all manufactures and developers patented technology at a set standard price.


     


    I just don't understand how these companies are able to sue for FRAND patents they submitted.


     


    Seems to me the only thing they should be able to sue for is use of the technology without compensation based on the FRAND set standard price.


     


    Can someone tell me if I am looking at this wrong?

  • Reply 14 of 99
    quadra 610quadra 610 Posts: 6,743member

    Quote:

    Originally Posted by mcrs View Post


    I still can't quite figure out Samsung's game plan though. Is it to rule the world via smartphones? Does Samsung actually embed some sort of mind-controlling chips inside all of its phones?



     


    It's purely sour-grapes + revenge. Going after Apple over LTE?


     


    Translation: "we lost on all counts that actually affect our product in ways that are meaningful to the consumer, so now we'll just go after Apple on wireless tech."

  • Reply 15 of 99
    twoseetwosee Posts: 58member

    Quote:

    Originally Posted by icoco3 View Post


     


    huh??


     


    edit:  yesterday I guess....or is it an iPhone announcement????


     




    it's actually a decent looking phone. Looks like it too has an aluminum back. could hurt android sales.

  • Reply 16 of 99


    From what I can tell, Apple and Microsoft have a very close relationship. While on the outside it may seem like they are major competitors, they do produce a lot of cross platform software. Apple helps Microsoft and Microsoft helps Apple. I don't see Microsoft partnering with Samsung to sue Apple. If anything, Microsoft should get away from Samsung. 

  • Reply 17 of 99
    mcrsmcrs Posts: 172member


    THEY WILL ALL look the same eventually. They are ALL already converging into "rectangle with rounded edges". How different do you think they will become? Has anyone at IBM's Zurich Lab or Watson Lab came up with a Googolgon shape phone yet? 


    Quote:

    Originally Posted by Flash_beezy View Post



    Is it me or does the device look the same as any other? What makes it new? Besides the shitware known as windows 8?

  • Reply 18 of 99
    icoco3 wrote: »
    huh??

    edit:  yesterday I guess....or is it an iPhone announcement????

    LL

    Is that the iPhone (looks to see if Tallest is around) "5"?
  • Reply 19 of 99
    cpsrocpsro Posts: 2,452member


    A large fraction of Samsung's customers aren't loyal, thanks to their poor quality and poor support. Samsung is all about market saturation, rather than steady solid growth. Too bad it had to take a major lawsuit for the company to finally learn this:


     


    "History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation."

  • Reply 20 of 99
    mcrs wrote: »
    THEY WILL ALL look the same eventually. They are ALL already converging into "rectangle with rounded edges". 

    Fortunately, phones like the Nokia 900 don't exist to prove you wrong. :lol:
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