Samsung adds iPhone 5 to upcoming Apple patent infringement suit

Posted:
in General Discussion edited January 2014
Samsung on Monday officially added the iPhone 5 to a lawsuit scheduled to be heard in 2014, making good on a promise to level claims against the handset for allegedly infringing upon certain wireless technology patents held by the Korean company.

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The complaint was added to Apple's Galaxy Nexus case in which the Korean company has countered by asserting a number of wireless technology patents against legacy iPhones.

In September, Samsung indicated that it planned to add the newest iPhone to the patent suit, and said the changes would come "as soon as it has had a reasonable opportunity to analyze the device."

"We have little choice but to take the steps necessary to protect our innovations and intellectual property rights," Samsung said in a statement obtained by Reuters.

The company noted in its filing that it "obtained an iPhone 5 on September 21" and proceeded to investigate whether the device violated any Samsung patents, finding that it did in fact infringe the two UMTS wireless patents and six "feature patents" already leveled against previous iPhones. Samsung informed Apple of its discoveries, noting that it would be filing the amended complaint on Oct. 1.

Apple recently inserted further claims of its own against other devices as well, adding Samsung's flagship Galaxy S III handset and Galaxy Note to the amended complaint at the end of August.

In June, Apple was successful in winning a preliminary injunction against the Galaxy Nexus, however Samsung was granted a stay of the sales ban by the U.S. Court of Appeals for the Federal Circuit and the smartphone remains on store shelves today.

Monday's filing comes on the heels of Judge Lucy Koh's decision to dissolve a preliminary injunction against the Galaxy Tab 10.1, a U.S. ban that has been in place since June, giving Samsung claim to a small victory in the San Jose federal court.

The Galaxy Nexus case is scheduled to be heard by the same court responsible for the landmark Apple v. Samsung patent trial, the jury of which awarded Apple over $1 billion in damages after finding Samsung in infringement of six patents. Currently, each party is asserting eight patent claims against the other in the upcoming suit slated to get underway in 2014.

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Comments

  • Reply 1 of 43
    jungmarkjungmark Posts: 6,507member
    FRAND/SEP come to mind.
  • Reply 2 of 43
    apple ][apple ][ Posts: 8,360member


    Bring it on.

  • Reply 3 of 43
    I thought Apple's purchase of Nortel patents covers extensive 4G LTE technologies?
  • Reply 4 of 43
    kpomkpom Posts: 601member
    If Samsung wants to waste their time with exercises in futility rather than compete in the marketplace, that's fine with me. A jury already slapped them down once when they tried to use FRAND 3G patents. They aren't going to have any more success using 4G patents.
  • Reply 5 of 43
    daharderdaharder Posts: 1,580member
    fila97 wrote: »
    I thought Apple's purchase of Nortel patents covers extensive 4G LTE technologies?

    ... not all of them.


    Now Let The Games Begin (again)!
  • Reply 6 of 43
    tylerk36tylerk36 Posts: 1,037member


    And when the iPad Mini comes out they will add that to the bag of crap law suits.


     


    My god man.  If I only had 10% of the legal fees I could retire for life.

  • Reply 7 of 43
    slurpyslurpy Posts: 4,961member


    2014? Will the iPhone 5 even be sold then?

  • Reply 8 of 43
    Ahhhh! SamsuckGate!!!
  • Reply 9 of 43

    Quote:

    Originally Posted by AppleInsider View Post


    The company noted in its filing that it "obtained an iPhone 5 on September 21" and proceeded to investigate whether the device violated any Samsung patents, finding that it did in fact infringe the two UMTS wireless patents and six "feature patents" already leveled against previous iPhones. Samsung informed Apple of its discoveries, noting that it would be filing the amended complaint on Oct. 1.



     


    ...whereupon Cook and Co crumpled up the complaint and took a satisfying whiz on it.

  • Reply 10 of 43

    Quote:

    Originally Posted by fila97 View Post



    I thought Apple's purchase of Nortel patents covers extensive 4G LTE technologies?


     


    Samscum just wants to look like an injured party too. Like a little child retorting, "Well, he hit me too!"

  • Reply 11 of 43

    Quote:

    Originally Posted by DaHarder View Post





    ... not all of them.

    Now Let The Games Begin (again)!


     


    No, because Apple plays by the rules. Samsung/HTC/Motorola don't. Apple could start suing over the 400+ LTE patents they own (38 of which, BTW, were Apple's own invention and not acquired through Nortel).


     


    But Apple isn't a little bitch and they play fair and honor FRAND commitments. Unlike certain others....

  • Reply 12 of 43
    eksodoseksodos Posts: 186member


    This is terrifying news for consumers of the best products. If Samsung gets its way iPhone will cease to exist sometime in 2014.

  • Reply 13 of 43
    gtrgtr Posts: 3,230member

    Quote:

    Originally Posted by eksodos View Post


    This is terrifying news for consumers of the best products. If Samsung gets its way iPhone will cease to exist sometime in 2014.



     


    Yes, just think.


     


    Even Apple will be seeking an injunction against the iPhone 5 by releasing the iPhone 5S and 6.


     


    Or maybe the iPhone 6 and 7?


     


    Oh crap.


     


    Look what I just started again...

  • Reply 14 of 43
    I want Zerox to come out of the woodworks and sue Apple, Microsoft, Samsung, Android etc etc for all of them copying the "WIMPS" concept. Smack!
  • Reply 15 of 43
    cpsrocpsro Posts: 2,305member
    Anything to buy time. Buying time pays big rewards in more consumer sales.
  • Reply 16 of 43


    to be held in 2014, so you'll have iPhone 7 to be released & a year of iPhone 6... the iPhone 5 will by then be offered for free or $€£99!

  • Reply 17 of 43
    FUÇK Samsfucker!!! Hope samsfucker lost this case and appeal over $1.9 billion!!
  • Reply 18 of 43
    gatorguygatorguy Posts: 18,261member

    Quote:

    Originally Posted by KPOM View Post



    If Samsung wants to waste their time with exercises in futility rather than compete in the marketplace, that's fine with me. A jury already slapped them down once when they tried to use FRAND 3G patents. They aren't going to have any more success using 4G patents.


    "...and six "feature patents" (not FRAND) already leveled against previous iPhones. "

  • Reply 19 of 43
    jragostajragosta Posts: 10,473member
    cpsro wrote: »
    Anything to buy time. Buying time pays big rewards in more consumer sales.

    That's the real name of the game. The money involved in the patents is miniscule. Even the $1 B that Samsung was ordered to pay is peanuts compared to the billions of dollars they've earned by copying Apple's products - and the billions more due to their improved market position.
    gatorguy wrote: »
    <span style="color:rgb(24,24,24);font-family:'lucida grande', verdana, helvetica, sans-serif;background-color:rgb(226,225,225);">"...and six "feature patents" (not FRAND) already leveled against previous iPhones. "</span>

    Let us know if/when Samsung wins one of those cases.

    Meanwhile, Samsung owes Apple over $1 B - and Apple can much more easily add new cases against the new Samsung phones.
  • Reply 20 of 43
    jukesjukes Posts: 213member

    Quote:

    Originally Posted by eksodos View Post


    This is terrifying news for consumers of the best products. If Samsung gets its way iPhone will cease to exist sometime in 2014.



    More likely if Samsung gets its way then Apple will have the option to enter into licensing agreements for $$$ or cross license patents.


     


    This wouldn't really be that big a deal, as the iPhone, with its superior industrial design, engineering, and app store, will still be a better experience than anything Samsung throws together. Assuming maps continues to evolve, of course.

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