Samsung sues Apple over iPhone 5

Samsung sues Apple over iPhone 5

Samsung has filed suit against Apple and the iPhone 5. No, it's not because Samsung is worried they won't be able to copy "aluminium" fast enough, it's because they feel Apple is violating several of their patents, including six utility patents and 2 standards essential patents involving (non-LTE) wireless networking. Sakthi Prasad et al. from Reteurs have what little word there is at this point:

Samsung filed a motion against Apple saying the iPhone 5 had infringed on some of the company's patents.

Samsung is expected to add LTE patents to its portfolio of lawsuits against Apple at some point as well. Two of the current patents being FRAND patents encumbered -- which are supposed to be licensed in a fair, reasonable, and non-descriminating manner, but have increasingly been used counter Apple's proprietary patent suits -- may end up being problematic for Samsung. Use of FRAND patents in lawsuits involving proprietary patents has even led to government investigation in some jurisdictions.

Whether this is simply a case of Apple not paying Samsung what they're due, or Apple believing they're covered by a manufacturer's license and Samsung begging to differ, or Samsung abusing the FRAND concept to try and extort proprietary cross-licenses out of Apple is unknown at this point. Lots of variables, even more arguments.

Samsung recently lost a billion dollar verdict to Apple in US courts when the jury found Samsung had willfully violated Apple's patents and trade dress. That was only one case among many, however, in the global legal battle currently being waged between Apple and Samsung, the two largest rivals in mobile, who also remain among the largest manufacturing partners as well.

No doubt there'll be more as this winds its way through the courts. Meanwhile, no one is coming to your house and taking away your iPhone, or your data connection.

Source: Reuters

Rene Ritchie

Editor-in-Chief of iMore, co-host of Iterate, Debug, ZEN and TECH, MacBreak Weekly. Cook, grappler, photon wrangler. Follow him on Twitter, App.net, Google+.

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There are 40 comments. Add yours.

ArGiEs says:

Please...gives us a break!!!

Sancho90 says:

Shocking behavior from Samsung. This totally doesn't sound like something they would do, especially against Apple!

/endheavysarcasm

ctt1wbw says:

I thought Qualcomm made the chips for LTE? Besides, we all know Motorola owns the patents for damn near everything related to an electron flowing through a closed circuit...

badboysid says:

sorry for ur info.. but samsung holds the LTE patents, thats the reason why apple was after samsung. so when they release their LTE devices they dont have to pay the royalty to samsung.

FiveTimer48 says:

Apple has quite a few as well.

badboysid says:

no doubt bro.. thats y they r suein smasung. Apple wants something frm samsung n vice d versa. this is jus business tactics, or y the hell apple would continue makin their iphone components frm samsung, who they feel copies them. its all business n we all apple n android fan-boys fight wid each other.. n apple n samsung will benifit frm it... thats the bottom line.

ERRORCODE616 says:

I'm so tired of this patent lawsuit back-and-forth that has been going on.

luqman24 says:

Hahahahahahaha a taste of your own medicine Apple! Enjoy it!!!

NullifiedOne says:

you mean because samsung hasnt been suing apple over every little thing they can think of already? how is this different or a taste of ones own medicine? those two have been at it for quite a while ago. each doing thier own share of suing and counter suing.

blackbirdz says:

Samsung, it doesn't matter if you sue Apple or not. What matters now please pay the $700+ millions from the last verdict! Settle and pay this first then we'll talk everything later.

mjs416 says:

Yeah... That's not the way it works. Get a clue.

mssca says:

You mean the bias US verdict against Samsung? My Sony laptop also have rounded corner and I wonder if Apple will take Sony for court?

Roshizzle731 says:

Just because something didn't go your way doesn't make it biased. Maybe you need to know the law before you speak out of your rear end next time.

NullifiedOne says:

why is that ugly plastic thing trying to mate with that iphone in the picture?

paleh0rse says:

Maybe the GS3 lost a bet and had to jump on the grenade? Or the GS3 is simply out for a good 'ole fashioned night of hogging?

Roshizzle731 says:

Maybe the GS3 is trying to pay off Samsungs debt with a little bit of the worlds oldest profession.

Rob White says:

Rene this write up made me chuckle I must admit. I can't tell if I'm reading sarcasm or serious outrage . Apple is playing big boy ball & will have to deal with its share of lawsuit roulette. After all, lawsuits are baked into the companies DNA. They just fail to mention that when on a self glorifying publicity tour.

They won a few recently & lost a few. It'll go on for a long time in the mobile space. Apple may find itself getting hit with a major injunction or ban like they push on others. I'll look forward to your writeup on those stories. Because lately you seem to be taking this personally.

Rene Ritchie says:

They're giant companies with billions of dollars, if they want to spend their time and money suing each other, that's up to them. I'll just report on it the minimum I have to and hope beyond hope we all get better phones out of it. Eventually.

Rob White says:

I'm being just a little facetious so my apologies sir.

I too long for a day when these stories aren't written.

Dev from tipb says:

Not likely - assuming the Apple/Samsung verdict stands, the lesson all parties will take is that vague patents and aggressive legal clubbing offers the best return on investment. It is going to get *a lot* worse before it gets better.

If it ever does.

blackaj1 says:

rene the first thing you said is (Samsung today has filed suit against Apple and the iPhone 5. Not, it's not because Samsung is worried they won't be able to copy "aluminium" fast enough) your reports is to educate people but not take side,and some people are happy that Apple won and get money from samsung,why can apple bring their factor to USA from china that they can creat jobs.

demontooth says:

I hope they don't copy aluminium. I don't like my phone to scratch by looking at it.

Roshizzle731 says:

Did they hire you as his boss? Just asking because i'm not sure how you know what his reports are supposed to do. Just saying guy. Look up top. Pro Apple blog, duh. Don't like it? Don't come back. Simple solution to a simple problem.

CharlieMounster says:

Lets Boycott Samsumg is about time enough is enough .
this company need to go back what the do best Fridges and laundry machines thats is made for
and never going to bite Apple jajajjajajaja

BoondMarh says:

Unlike the Apple victory against Samsung, if Apple loses, they have to immediately stop sales of the iPhone 5. Even if they appeal, the iPhone 5 won't be for sale in the US then.

Apple won against Samsung for "old" phones no longer on the market, and so Samsung is forced to pay Apple for the problem.

Samsung could win this, they own several LTE and on-chip patents. It all depends on how Apple has utilized LTE on it's custom -in-house SoC.

FiveTimer48 says:

Samsung will be a laughing stalk if they lose this trial. Samsung is just jealous of Apple.

HighOnHops says:

I really enjoy how when Apple sues Samsung it is a matter to cheer about for most people here, yet when it happens the other way, it is time to trash Samsung. Both companies are suing each other, and this will likely continue into the foreseeable future. I think all of this is bad for consumers in the end, and everyone should only cheer when all of this comes to an end and these companies can coexist peacefully. I know that will likely never happen, but one can hope.

Nathan Grey says:

These lawsuits overall cause our products to be more expensive.

Boots says:

Haha kind of what you get huh Apple?

DataCentre says:

OMG why can't everyone just get along!?!

gregorypleau says:

What would be most humourous is if Samsung manages to spook the carriers into using something else that doesn't infringe the LTE patents that Samsung claims. If it's a standard, it's only a standard if the carriers use it too, and Samsung ... you need the carriers more than they need you.

AmaziiinTechnoGirl says:

Soooo jelaous of Apple , cause their Galaxys sucks..haha

rewNATION says:

who cares? that's just part of the business world

GlennRuss says:

Really getting tied of these "Are you dead, and don't know it???" Call Cheatem, Scamem, and Lie. We will get the money you deserve. Well your dead, so we will keep it in a safe place, and remember, you don't pay anything unless you win.

Being an attorney with these companies, is big business. Yes, fight for what is right, but it is now just a waste. This last judge was very upset with both companies. The only way to make them work it out, is to have the power to freeze all their money, until they sit down, and work it out. One can only hope.

chaoticbuddhist says:

Butt hurt. This just makes Samsung look even more ridiculous.

Raptor007 says:

I see many competing issues with Apple vs Samsung and Samsung vs Apple.

Every company that is introducing new products does due diligence into what patents they may or may not be infringing on so they can be be assured for any potential legal issue down the road. However major corporations also know that if the patent(s) in question are FRAND they can likely ignore them and wait for the lawsuits to grind their way along, in the end the payment due may very likely be far less than if they had negotiated up front and the profits they are generating may also be out weighing the cost of legal fees.

If Apple is using Samsung's LTE patents and they are FRAND related that is one thing, but if they are "Feature" related which Samsung is also alleging then those may not be covered under FRAND and in turn could be costly to Apple.

Whether or not people think our legal system is biased (I feel it can be seen as biased across, Civil, Criminal, Pro Big Business, anti Little Business, etc). The question now comes up does Samsung have a chance of getting a fair hearing and an impartial jury given the last verdict (right or wrong is for the Appeals Court to decide).

Apple is neither guilty nor innocent, that is for a court to decide and subsequent appeals. Perhaps if companies actually paid for the FRAND patents up front like they are obligated to do, and if they feel the FRAND licensing fee is not FRAND then they have alternative methods at their discretion. After all FRAND is there for a reason and they can sue.

Phila67 says:

It's getting very very tedious. Maybe samsung should spend the millions it takes to rty and sue every other company that does better than them, into developing a phone that beats the rest.......boring boring boring. I wouldn't buy a samsung phone if they were the last on the planet...simply because I am fed up with their nonsense!