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Samsung, HTC said to be going through with plans to sue Apple for LTE

Samsung said they had plans to file a lawsuit to block Apple’s iPhone 5 if it were to launch with 4G LTE radios, and Apple sure enough did that at its announcement event today. So is Samsung going to go through with its word? According to Korea Times, Samsung has already started filing paperwork.

The OEM found good reason to go for the jugular after Apple was granted a win for Samsung’s infringement of design and utility patents. The damages were over $1 billion large, and that no doubt caught a majority of Samsung’s attention. While they’re already in the process of appealing that ruling they’re going to leverage some patents of their own.

Samsung reportedly owns 10% of all the LTE patents owned in the world, so they have a pretty sizable chunk for the growing technology. Unfortunately, LTE’s status as a standard will undoubtedly force Samsung to proceed under the rules of FRAND, which means fair, reasonable, and non-discriminatory.

Samsung can’t completely shun Apple from using the patents, and they can’t charge a ridiculous amount of money to use them, either. But perhaps it’ll open a much-needed door to a possible cross-licensing agreement, or a means of getting Apple to just back off.

It looks like Samsung won’t be alone, either, as HTC is also said to be filing their initial paper work to sue Apple for the use of LTE in the iPhone 5. The two aren’t necessarily working together, but they will be giving Apple a big headache as the tables turn in a way that they haven’t yet before. We’ll be monitoring the situation closely. [via IGN, Korea Times]




  • matdr57

    hahahahahahahahaha go get them samsung and htc

  • http://www.google.com/profiles/phinnvr6 phinn

    While I always thought Apple had a case against Samsung (especially for the overall look of the phone and TouchWiz which is a crime by itself)… I seriously can’t see how they have a case against Apple for using LTE, doesn’t every phone use this now?

    • http://www.google.com/profiles/phinnvr6 phinn

      I rethought this and I’m now wondering if LTE shares patents with Samsung/HTC in ways that is similar to Qualcomm with CDMA, in which case I have no clue why the world would be adopting a technology like that again.

      • Dwayne Smith

        The world adopted GSM, not CDMA.

    • http://www.facebook.com/eric.sanchez.18041092 Eric Sanchez

      Yea, like Apple invented the curved corner. LOL

      • JWolf_PDX

        And grids of icons…

        • ari_free

          Now even more icons!

          • Marsg

            A whole extra row of icons, man I can’t even keep track of all their innovations

    • IrishSid

      I’m sure they know what they’re doing.
      And anyway, anything to do with apple is free advertising..

    • bmg314

      “I seriously can’t see how they have a case against Apple for using LTE, doesn’t every phone use this now?”

      Just like every phone uses a rectangular shape with rounded corners…and yet iSheep insisted Apple had a case with that idiocy. Why can’t iSheep just admit to their hypocritical stances?

  • james ortiz

    omg yes I’m so happy

  • james ortiz

    yesss!

  • Dvrcowboy

    Burn apple burn

    • Mushdagrt

      Lol

  • http://profiles.google.com/azrienoch Jeff Smith-Luedke

    Samsung already tried this with 3G patents. That went nowhere. The thing about standards-essential patents is that you have to make them available to anyone to license for a very low fee. I think it’s a silly move on both Samsung’s and HTC’s part, because it could render those patents useless. Plus, Samsung actually has a lot of good will right now with Apple seen as a bully. Why ruin that?

    • http://www.colossaldamage.com/ SuperMarino

      4G LTE is not standards-essential. Most of the US does not support it yet, nor does most of the world, I imagine. Yes, it might be the up and coming new thing, and in a year or two will be essential. But it isn’t today.

      • http://profiles.google.com/azrienoch Jeff Smith-Luedke

        That’s not what “standards-essential” means. It doesn’t mean a patent is for socially standard technology. It means it’s essential to a standard. LTE is a standard–an open standard. They dedicated their patents to a cause, and they can’t take it back.

        • http://www.colossaldamage.com/ SuperMarino

          I thought I read that these patents were not standard-essentials in one of the myriad posts about this, but then again, the writer could be as ill-informed as I am. Even if they are declared as such, that pretty much gives them a guaranteed win in the courts, because all other companies are supporting and using Samsung’s patents which I assume they pay for.

          • http://profiles.google.com/azrienoch Jeff Smith-Luedke

            True, but like I said, it won’t yield much money, which makes this about reputation and pride. And there’s no reason for Samsung to ruin the good will they’ve earned from losing to Apple. Everybody thinks the verdict Apple won was extensive and biased. There’s just no point in pursuing this one. Let Apple screw up elsewhere, then tack these onto that screw-up.

  • http://www.facebook.com/duong.d.ngo Duong Duc Ngo

    How is LTE a standard? The is many more form of data connection, that is why we have 3 type of 4g here in America

    • PC_Tool

      Bingo.

      …and what committee submitted LTE for FRAND status?

      This whole FRAND thing is a bit overblown right now. Too many people have seen the acronym, but too few actually understand how it gets applied or what it even means.

      • http://profiles.google.com/azrienoch Jeff Smith-Luedke

        What committee? 3GPP. LTE is an open standard. And who submitted Samsung’s LTE patents for RAND (FRAND is European) status? Samsung.

        • PC_Tool

          /smh

          3GPP developed LTE…
          …and do you have anything documenting it’s submission by Samsung or it’s subsequent determination as an SEP (standards essential patent) subject to FRAND status?

          Seems to me, that’d end the discussion right there, wouldn’t it? I’d think we’d be seeing that plastered all over stories such as this if it were reality.

          • http://profiles.google.com/azrienoch Jeff Smith-Luedke

            There are two types of RAND patents. Declared and undeclared. With undeclared RAND patents, a jury decides if the patent is essential to the standard. As LTE is an open standard, it’s pretty much impossible to convince a jury that essential patents shouldn’t be RAND. On top of that, Samsung declared they’d be going after the iPhone 5 before they even saw it, therefore assuming their patents were used. If that’s a safe assumption, the patents must be essential. And on top of THAT, Apple is careful not to tread on known novelty patents. And finally, look up ETSI’s Dec. 2011 evaluation of declared LTE essential patents to see that Samsung owns 9.8% of all the declared RAND patents.

            *EDIT* One last thing I didn’t reply to. You asked what committee submitted LTE for FRAND status. The question makes no sense. The whole of LTE is a standard, for which technologies developed to use it (like Samsung’s) are patented. But LTE technologies are subject to RAND because it’s an open standard. And the committee that decided to open it is, again, 3GPP.

    • malcmilli

      LTE would be the standard because 3/4 major carriers have LTE as their primary “4g” service, and the fourth is launching it next year. Not to mention numerous smaller carriers having LTE.

  • http://www.facebook.com/people/Jimmy-Turk/1389877562 Jimmy Turk

    YEAAAAAAAAAAAAHHH BUDDY! :-D

  • IrishSid

    I’m sure they know what they’re doing.
    And anyway, anything to do with apple is free advertising.

  • bfloFBR

    Why didn’t apples patients for rectangular device and rounded corners have to abide by FRAND, but Samsungs LTE patients would? I think technical advances should be higher protected than a dam shape!

    • PuzzledObserver

      EXACTLY, even if I am a caveman, I can come up with a rectangle and round corners. However, I cannot even come close to invent anything remotely close to LTE. If there is a worthwhile patent, that’s LTE not that stupid rectangle patent.

      • michael arazan

        TV manufacturer’s never sued each other over flat screens, rectangular shapes, curved corners, or similar technology. Maybe TV manufacturers should sue apple for copying them. Samsung made TV’s before smartphones ever came out.

    • http://twitter.com/MrBrentAwe Brent Awe

      FRAND comes into play with communications/FCC Standards, not with general patents for how to mold aluminum and glass, unfortunately. Like the article says, though, hopefully its grounds for some kind of truce/agreement that can get these patent wars out of the way of innovation!

  • Aslan Bollin

    You would think that Apple would learn by now that even if the patents fall under FRAND, they still have to pay to use them.
    FRAND ≠ FREE Apple….

  • IronHorse01

    Yeah right, good luck getting over frand samsuck

    • Chopchopshood

      This guy loves to troll the Phandroid comments. Why not go be amongst friends isheep;-)

      • IronHorse01

        You see my fellow Gsheep, it’s not that simple, you and your fellow Gsheep like to constantly bash apple and hate on it so I’m here help with that. Besides, it ain’t trolling if it’s true ;)

        • Chopchopshood

          No my friend you have no life. Just like the rest of the sheep. It’s sad that you don’t have something better to do then be troll a Site of a product you hate. Do you think any of your trolling turned anyone away from the great green robot. I think not. Enjoy your day sheep. ANDROID FTW!!!

          • IronHorse01

            Hey sheep, hi! See you’re a sheep just like me, just from a different farm. Anywho, I don’t expect to make people change their mind and leave their little retarded green robot to go to apple, no sir, I merely come to keep you Sheeps from thinking android is the $hit when it’s not, so thank me for the dose of reality. Ok sheep, have a wonderful day as well :-) oh wait, APPLE FTW!!

          • Chopchopshood

            I really just wonder why you come to an android Site to trash a operating system that can do more than yours. My Galaxy Nexus can do everything the I phone 5 can do and it’s a year old. Not to mention my NFC capabilities make my phone capable of doing things even the new I phone 5 can’t. Google wallet wireless payments without having to buy more accessories. Name one thing I phone has that my Nexus doesn’t? And as far as patents go look up to that notification bar you used to get this email. Was that Crapple’s idea first as well? Apple loves slowing innovation why any tech person would want to help is beyond me. Right on for putting a company first instead of us the consumer. Hope you get the 5 then you’ll know how fast Android has been for almost two years.

          • IronHorse01

            Hmm let’s see, first of I didt use the notification bar to get the email (I rarely use it) yeah I admit that was taken from android, I’m a realist, I do prefer apple over android 100 times but I’m able to recognize its flaws, I’m not as blind sheep a sheep as you might think. On to “features” NFC? Really you and I know NFC hasn’t been adopted the way we all thought it would, the majority of people could care less about as its more of a novelty, at least until it gets into the mainstream. LTE, yeah android has had it for a while, yet battery life has payed the price, I don’t want LTE if it compromises battery life, iPhone on hspa/+ is plenty fast, rather give me a full day of battery. iPhone 5 has LTE and despite this, it has even better battery life than the 4s. So yeah it has things android has had for a while, yet it does it in a much more efficient way, all while wrapped into a beautiful design that no other android device can touch by a country mile.

          • Chopchopshood

            It’s funny to think about that as we both know the only reason Apple chose not to use NFC is because they don’t make any money off of it. Weather the whole world would be a better place because they chose to use it doesn’t matter to Apple all that matters is whether or not they’re feeling there billion dollar pockets. As far as LTE goes if it weren’t a superior technology Apple wouldn’t have chosen to copy other manufacturers in using it. Remember what you said here today when it’s time for Apple to say it’s a industry standard. Also as far as batteries go they had 2 extra years to work on battery life. I would take LTE 2 years ago see my phone came with a charger so when it gets low on battery I plug it in. ;-)

          • IronHorse01

            No one said LTE wasn’t a superior technology, it was but not into very recently, chip manufacturers were able to produce LTE chips that were more efficient, and what I’m trying to tell you but yet you fail to realize is that, apple won’t adopt a technoly that isn’t mature or “efficient” android fanboys love “specs” and that’s fine, I prefer to wait a bit longer and get the technology when it’s nice and ripe, instead of half baked like what LTE had been all the way to this point. Btw iPhone does bring a charger, that charges the phone really fast, the whole point is to have to use the charger the least possible ;)

          • Chopchopshood
          • Chopchopshood

            And no NFC is a good thing for the consumer?

          • IronHorse01

            I’m sure it will be great for the consumer When and IF it actually takes off, right now it’s more of a gimmick

          • Chopchopshood

            Check into the use of NFC in other places in the world if the new I phone announced it you’d be saying how it’s not a gimmick anymore its the real deal. Shame that you can’t see past the Apple PR. You watch the Jimmy Kimmel show and say you sheep aren’t a bit ridiculous. You say we like specs I say you like anything they tell you is great. The world is a worse place to live in because of the way Apple conducts business. You need a Foxconn shirt to wear.

          • IronHorse01

            NFC might be used a tad more on Europe, dot know don’t care, I live I’m the good ole USA and here it’s not, so once again I could care less about it. As far as the Jimmy Kimmel, that proves nothing, you have idiots on both sides of the fence, you fanboys think you’re smarter yet that’s not the case, don’t let your fanboyism blind you. You got a billion android customers using entry phones an midrange ones that if you asked em about will tell you “yeah it’s an android” an thats all they know, I’ve seen it happen myself, just like you got some that think they have an iPhone. Lol I’ll wear a Foxconn shirt if you were a Samsung one that says made in S. Korea

          • Chopchopshood

            Doesn’t your beloved Apple buy parts from my beloved Samsung! If your shirt said where the Iphone was made it would have multiple countries on it none being the good old U.S. of A

          • IronHorse01

            Isn’t that remarkable though? The fact that despite your beloved Samsung makes some pieces for my beloved iPhone, the quality of my beloved iPhone is so so much better than the quality of your beloved Samsung ??

          • Chopchopshood

            See no facts just a cheesy opinion.

          • IronHorse01

            Ok how about this for a fact, while your phone is made from cheap plastic I mean polycarbonate, my iPhone will be made from nicely polished aluminum, fact

          • Chopchopshood

            No one can build em like a 12 Asian kid.

          • IronHorse01

            You’d know since the kids that made your nexus are about the same age as those that made my iPhone

  • http://www.facebook.com/people/Marcelo-Burrieza/100000489847678 Marcelo Burrieza

    Motorola is also firing back for LTE patents

  • http://www.facebook.com/Blake891 Stephen Blake Gallinari

    kind of like Pearl harbor in WWII, Japanese bombed the island, we nuked the hell out of them! Only this time… we’re rooting for a non american company >.> oh well!!! BURN APPLE! BURNNNNNN! MUWHAHAHAHAHAHA!

    • Marsg

      Non American Company vs. Non American company seems fair to me

    • Anderson Casotti

      shame on you for sound proud of it

    • buddah123

      Apple might be registered here in the US but all manufacturing is outsourced to everybody but the US workers. With all kinds of workers violations if I may add. So for a american company to call themselves american….all they want is your money. YEAH!BURN APPLE BURN!

  • prestone1

    GOOD

  • http://www.facebook.com/profile.php?id=1816553137 Brandon Watkins

    this just warms my heart!

  • illegalblaq

    i dont see how they can sue for a standard every manuafactor uses. Not to mention while i understand why they are going after apple this is a ridiculously bias case since technically they could sue motorola and lg as well. They wont win but nice try.

  • TechGuy22

    they gonna lose of course. but they can try though.
    plus the iphone 5 is sh^t anyway whats the point of suing them. this is really the funniest moment in tech world. most isheep are disappointed today.

  • mirage03

    Oh so maybe this is why apple filed bullcrap lawsuits about bs patents against Samsung because they know that Samsung own lte patents.. ?

  • Rod

    Sig em Droid, sig em

  • http://www.facebook.com/people/Amir-Salach/691182396 Amir Salach

    when will google finally wake up and sue apple for that frikin notification bar that we all seen loved and used since android donut!!!

    • treypoundz

      Their patent is still waiting to be approved.

      • Steven Stratton

        If that’s the case though, then Apple shouldn’t be able to implement it because its patent pending. They still have a right to protect that function until its deemed valid or not. Or is software different than physical crap?

  • RavenFox

    Good. Get those modafers

  • Nick_Lopez_Loya

    “Ah, Samsung. You ma’ man! You know I be messin with ya’ll!”
    .-Apple

  • disqus_gxfyvsoxVw

    Gettum Paw…..

  • scott

    geez they will just sue each other into oblivion and Nokia will end up the winner…all the while using LTE tech:)

  • Gus

    I just hope this time the jury would be different than the last time i will say it nice not so dumb people I really would like to see that apple is not untouchable in usa and I would love to see apple forced to pay Samsung and HTC millions on patents fees!!
    Good luck Samsung and HTC It would be great if Google would join them as well suing apple

  • http://twitter.com/Planet_Scott scott lathrop

    That’s what you get for $*@+(*# with the gorilla in the monkey house.

  • Caloy

    I can’t say that I’m all for Apple, but these patent wars is getting ridiculous!

  • http://www.facebook.com/alecwxforecaster Alec WxForecaster

    I like Apple devices, but I’m still hoping that Apple loses to Samsung.