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Well how’s this for a comeback? After being informed that they would have to pony up $1.05 billion for infringing on design and utility patents owned by Apple, Samsung has threatened to use a very important piece of firepower at some point down the line. Korea Times is reporting that Samsung is ready to sue Apple if the next iPhone has 4G LTE.
Samsung enjoys an extensive patent portfolio pertaining to LTE technology, and they reportedly own 10% of all LTE patents currently floating around. Apple has shown a key interest in LTE with the advent of the iPad 3. Because of its arrival inside the latest iPad the tech industry fully expects Apple to follow suit with the next iPhone.
“But why are they waiting for the iPhone if the iPad is out there right now,” you ask. Well, for one, waiting for the first LTE iPhone is probably the best strategic move Samsung can make. The iPhone makes up a lot more of Apple’s mobile sales than the iPad, and Samsung likely wants to land the biggest blow they can.
This is a very interesting development to behold, and it’ll be interesting to see if these supposed threats will change Apple’s mind about using LTE in the next iPhone. But even with the patents to back them up, Samsung could be subject to FRAND rules because of LTE being a standard.
Should the next iPhone launch with LTE and should Samsung decide to sue, it’s unlikely they’ll be able to get a victory of the same magnitude. I’m no patent expert, though, so I’m just going to grab some movie popcorn and watch this one unfold. [Korea Times]
I have a feeling they wont win, Apple seem to be immune from patent law, especially in the USA!
Here’s a juror’s point of view: USA company claims Korean company infringing. USA must win.
Sad thing is, not a single Apple device is manufactured in the states
Aren’t the A5 processors in the iPhone manufactured in Texas?
The ones Samsung makes are.
That would be my point exactly.
Wow so Samsung makes products in the US and Apple doesn’t. o_O That says a LOT.
Well Apple certainly feeds the US economy more then Apple @Jake think about all the jobs they have here compared to Samsung plus the taxes they pay.
Um, what? ”
Well Apple certainly feeds the US economy more then Apple ”
I’m assuming you meant Samsung as one of those, but which one?
That’s one of the biggest problems. Apple is untouchable in the US, but gets laughed at in Germany. Hence why they settled with Moto in Germany, but are suing and blocking in the US.
The U.S is a huge market, its really the only place where apple has a fighting chance >.> If Samsung can win over the U.S it will only be downhill from there for apple
Don’t worry. In about 40 years some old fucker will come out of the closet and tell us how they secretly and purposely skewed laws in favor of Apple in the interest of the economy or some BS like that because in no rational world is what’s going on fair.
agreed, i dont think they will win either…
Oh no, if they ban the sell, I will have to keep using the gn…. Damn.
FRAND should apply to a lot of Apple’s patents too, especially since there was prior art. I wonder if Samsung could parlay this into cross-licensing and voiding of the award.
Prior art should invalidate a lot of Apples silly patents not make them FRAND
They could sue all they want, but we all know it’s not gonna stick (FRAND) apple trying to patent a rectangle is dumb, and Samsung trying to patent LTE is retarded. Oh well they will continue to lose money on lawyers and court fees lol
So patenting the square shape is the same as patenting LTE technology?! Ok gotcha.
They’re both stupid you can’t patent a rectangle and you can’t patent lte
You most certainly can. You may be forced to license it to others later under FRAND policies but that doesn’t mean you cannot patent it. Whether you should be able to is a different argument altogether.
what a stupid comparison.
What a stupid comment
There are thousands of years of examples of humans making rectangular objects, often with rounded edges. The shape itself provides for ease of storage, while rounded corners make things more comfortable to use. Modern examples would be things like remote controls, DVD cases, and VHS tapes. All of these predate the iPhone. Therefore, Apple should have never been granted a patent on the iPhone’s shape, due to the fact that its form is clearly obvious and has been in use for ages.
LTE technology is a very recent development, likely is not obvious, and was developed by many people/companies. THIS IS THE EXACT REASON PATENTS EXIST. Those who developed LTE technology deserve to be awarded patents for their work, so others can’t simply use it without giving back to those who made it possible.
Samsung has apparently done significant work in developing LTE technology. By contrast, Apple has done virtually nothing in developing the technology of the rectangle (fit-and-finish is NOT development).
Multi touch and slide to unlock are standards too.
Rectangular shape is standard too. Hell, the shape has only been around for hundreds of years.
Right? lol. Hopefully Samsung can pull something out of their ass or grease the wheel a little like Apple does.
Because you win how?? I mean what if LG started to be the hot cell maker you wouldn’t give 2 sh*ts about Samsung.
i think because Samsung is the only OEM strong enough to fight Apple. A victory for samsung would be a victory for android because it might discourage apple from further suing *insert your favorite OEM.* It’s almost like the kid who stands up to the playground bully. Everybody is secretly wishing that kid takes down the bully. I’m actually starting to respect Samsung a lot more now personally.
Exactly.
agreed!
AGreed….. BTW I did some research on the GUI from “apple”. I WORKED at XEROX in the early mid 80’s. We were amazed at the innovations in the Xerox STAR, and lesser systems in our offices and being sold. History shows that apple reworked our GUI to work on their apple lisa, ans mac. But it was based on the tens of millions poured into work done by our parent company’s PARC Center in Silicon Valley Palo Alto. Urban COUNTER Legnd says apple paid to use the GUI and XEROX recieved 1 million in stock, or some such. Howver when XRX sued apple, apple knew better than use that as a defense. apple used some version of the “prior art” defence. Thus negating that ( money/stock exchange ) theory which is in fact a non-starter.
Actually 5 of my last 6 phones were Samsung products. The only one that wasn’t was my Droid Bionic which I only had for about three months. It would benefit me because I don’t buy Apple products and if Samsung and Android can get strong enough to hold their own than that’s great. Its time to end apple’s reign. I don’t care who does it. By the way LG just announced two gorgeous phones, but my eye is still long Samsung’s Note 2.
on* Having some keyboard issues today..
Get em Sammy, whoop his ass.
This is OK. If this were a poker game, Apple would be playing with Samsung’s money.
Yes I know that no penalties have actually been paid pending appeals, but Samsung isn’t going to avoid paying something.
But they will get back tons and tons of money from Apple. Samsung continues to need lots of smartphone chips because it is the world’s largest maker of smartphones and because analysts believe it will continue to be a key supplier for Apple, despite the long-running series of lawsuits between the two companies over mobile product designs.
either by suing or get paid due to FRAND, Samsung wins.
I hate it, but Apple must have seen it coming…
If Samsung sues in the u.s. they should at least find a more samsung friendly venue. San Jose is not it. Maybe in one of the towns where samsung is opening a large production facility.
They should go for a court in Texas, if they can, where they just invested like $4b into their plant for renovations.
I’m going to techcrunch to watch all the little sheeples heads explode lol who’s coming with me?
well if its the same jury that was involved in this last trial they should have no problem gathering a victory. according to jury lead, he said something along the lines of “we looked at the case patent by patent and said, if this was our patent could we defend it” they did not discuss whether it was an appropriate patent but simply what it a legitimate claim, which this would be.
The F in FRAND oesn’t mean Free like Apple seems to believe. You still have to pay for the license Apple…..
This is why the case against Samsung is ugly. It is dragging everyone to Apple’s level. We don’t need this kind of thuggery.
Did Samsung repeatedly contact Apple to ask them to either license their stuff or stop with copyright infringement? I doubt it.
This is just posturing and won’t lead anywhere.
They don’t have to. Unless they have made a FRAND agreement on these patents they are free to not license them and sue anyone infringing.
Right, but the point is that was part of the reason Apple won its suit.
Now we know for certain that Koreans have nuclear bombs. Suck on that Apple.
i wonder how that girl would look like on 5g? better yet 6g?
HAHAS in bones I guess… Better yet 10g
Last i seen 4g LTE is not a standard yet. So that should not be protected by FRAND for now. But it might not take long
Dont think this will be FRAND since there are alternative 4G tech such as Wimax, which Samsung could argue assuming they don’t file the suit in California.
Go Sammy go!!!
Karma is a batch sometimes.
One acronym: FRAND
If the iPhone5 is coming “soon” its design was already decided LONG ago. Including whether or not to have LTE. I’m not sure how ANY company can make “all non LTE” devices in 2012.
And again in 2013. Why would Samsung allow Apple to have an LTE device in 2014 or 2015 either?
I don’t want Apple gone (competition is a good thing), but at least if Sammy wins this will be a huge statement to Apple that there will be consequences to playing the courts.
”
Samsung could be subject to FRAND rules because of LTE being a standard”
As are rectangles with rounded corners, but that didn’t help Samsung.
Of course why bother granting a patent for something that is a “standard” then?
The only chance that Samsung has is push the last case to the Supreme Court and looking for a patents invalidation.
Gotta love how everyone is screaming FRAND!! FRAND!!
Does anyone here actually know which specific patents are involved and whether or not they have been commuted to FRAND by a standards body?
…or is all of this just ignorant knee-jerking?
Not to mention the fact that FRAND does not mean free. You still have to pay for it
i like the way u love
Brilliant idea Samsung! Don’t forget to sue other makes like HTC. I hope all these stupid patent cases get thrown out its getting freaking old and nobody wins especially us the consumers soon our phones are going to cost another 20 bucks a piece to pay their freaking lawyers