Samsung waiting on iPhone 5, has finger on lawsuit launch button

Samsung waiting on iPhone 5, has finger on lawsuit launch button

According the Korea Times, rival smartphone maker Samsung is eagerly anticipating the Korean launch of Apple's next generation iPhone 5 handset -- so Samsung can try and sue it off the shelves.

`Just after the arrival of the iPhone 5 here, Samsung plans to take Apple to court here for its violation of Samsung’s wireless technology related patents,’’ said a senior executive from Samsung Electronics, asking not to be identified.

``For as long as Apple does not drop mobile telecommunications functions, it would be impossible for it to sell its i-branded products without using our patents. We will stick to a strong stance against Apple during the lingering legal fights.’’

While almost two dozen lawsuits are already pending between Apple and Samsung, Samsung remains a major manufacturing partner of Apple, though there are signs Apple is moving to diversify and diminish that dependence as well.

``Apple is Samsung’s biggest customer. Hewlett-Packard (HP), Nokia and Sony were Samsung’s previous big clients, however, Apple is now a primary one. From our perspective, we are not entirely happy (about the litigations),’’ Samsung CEO Choi Gee-sung said.

Apple originally took issue with Samsung, whom they dubbed a "copyist", over perceived similarities between Samsung Android phones and tablets and the iPhone and iPad. Unlike other Android manufacturers who established their own looks, Apple contends Samsung deliberately copies Apple to confuse customers and unfairly benefit from Apple's brand and marketing. Apple has already succeeded, at least temporarily, to get Galaxy Tabs banned from sale in German and parts of the EU.

While Microsoft, who is also going after Samsung, seems content on getting licensing fees to make Android more expensive to manufacture, Apple's appears to want to make Android less friendly to use, demanding removal of features, not licensing deals.

Patent portfolios are often compared to nuclear arsenals, held as deterrents. Of course, if everyone ever lets them all fly, everyone loses.

[Korea Times]

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Rene Ritchie

EiC of iMore, EP of Mobile Nations, Apple analyst, co-host of Debug, Iterate, Vector, Review, and MacBreak Weekly podcasts. Cook, grappler, photon wrangler. Follow him on Twitter and Google+.

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Reader comments

Samsung waiting on iPhone 5, has finger on lawsuit launch button


Well this is just becoming a ball of sunshine and fun. -__-
I'm getting quite tired of both parties.
We need a judge like the Oracle vs Google one.
Tell them to sit down, shut up, and come to an agreement. Cause it's getting quite ridiculous.

I say good for them. Fight back.
"Apple’s appears to want to make Android less friendly to use"
They won't succeed in that. Samsung can simply make a change to get rid of the four icons at the bottom and tweak their next device(s) hardware.
What I find as interesting is their desire to placate to maintain the relationship w/ Apple while Apple was going for the jugular! This bit is from Android Central:
"[The CEO] also gives a bit of insight into the mind of Samsung corporate, telling us that Samsung was willing to let the "copycat" argument go so that the relationship with Apple (who uses Samsung parts in many of their products) was not put under stress."

Apple doesn't have to make Android less friendly to use. it's doing a pretty good job of that on it's own, thanks to manufacturer's who are more interested in selling new phone models than supporting the existing ones. Android was fine with Froyo. Gingerbread on anything but a Nexus is a headache that I'm ready to jettison. The only reason Android phones are outselling Apple is because more manufacturer's make more Android model of phones than the one Google Nexus. Nexus gets the new OS and all the updates first and they work. The other phones only get them when close to the release of new models and Gingerbread is utter crap on the EVO, for example.

Gingerbread wasn't an issue at all on my [old] Evo 4G and my [now] Evo 3D. It is working fine on my wife's Evo 4G and employees Evo 4G.
My point is...for those I have direct knowledge of, Android is spot on w/ no issues causing it to be deemed "unusable".
Google, from Google IO, said they are wrangling manufacturers for faster releases of upgrades so that should help there. We shall see. :)

I'm glad Gingerbread worked well for you on your EVO but for me, it did not and that has caused me to rethink my next phone purchase and not be completely against Apple. I need a phone that is reliable and works well, software upgrades or not. This didn't happen for me with my EVO. I depend on my communications technology for business and personal use and have no allegiance to any vendor in particular. Whatever works the best will get my business and in this case, this EVO will be my last HTC phone.

While I agree with parts of your argument, the tired excuse of "Only reason Android phones outsell Apple phones is because of X number of models" is ridiculous at the least.
If the theory of quantity being the only reason Android phones sell...then Windows Mobile and Windows Phone 7 would be up at top, Symbian would still be lead of the pack. Blackberry with their numerous reiterations of the same design would be on top, and Apple would be on the very bottom.
But we see that's not the case. As many problems as us geeks and admittedly some average consumers see...the point is people do indeed like Android. They're not buying phones looking for problems like us techies do. Some average consumers have legitimate issues and don't like it. But for the majority of Android buyers, no. It's not a quantity thing that is oh so forcing them to buy Android phones.

Luckily I'm a geek, business enthusiast, and a former Best Buy employee.
So I can understand the aspect of these things from 3 sides.
Not too many people are picking up these phones, combing thru them.
They come in, see something they like or their friends told them to get, then they buy it. If it works, they keep it. If not, they'll either get a new one or a different one.
Such is the life of consumer buying habits.

I never said anyone was being "forced" to buy Android. Maybe quantity is not the only reason and I should clarify that. Some people don't like AT&T. Some people don't like Verizon. Some people prefer regional or pre-paid carriers and Android can be gotten on those as well as the big four carriers as well, while at the moment, the iPhone is only available on two carriers in the USA. But the fact is that more carriers and vendors make those Android phones that people like and therefore, the numbers of Android phones our there was bound to end up being higher than the ONE vendor who makes the iPhone and the TWO US carriers who sell it. If Google Nexus was the only Android phone, the numbers would be considerably lower and thus, less people would own Android phones. So maybe volume isn't the ONLY reason, but it is a reason that can't be denied. It's numbers. Numbers don't lie. That's a fact that is hard for some techies to grasp.
And of course, there is consumer choice, the Android App store, blah blah blah for the many who own Android to like, and that's great. So quantity isn't the ONLY reason and I stand corrected on that, but numbers are a big reason why Android is outselling Apple and is likely to continue for that as well as other reasons.

But just as important as the US market is, Apple is on multiple carriers outside the US, and it's still the same picture in most places. Not all, but most.
And you're right, I'm not writing off numbers as a completely irrelevant thing, but it's not the "only" thing either. Not to mention, hitting the low end market is as much a good strategy as Apple hits the less tech gifted market.
Each company picked their road and are doing pretty well on it. I doubt either is saddened by the result.
Which makes these lawsuits all the more pettier.

Android is already extremely unfriendly! They don't need any help with that! It's filled with lag! It jerks around! There is no such thing as battery optimization! There is no android phone that will last more than 3 hours if you use it as hard as most iPhone users use their phones.
I've had the Evo 4G. It sucked. Lag all day! Dead in 3.5 hours at best! The same results with various Droids and Incredibles. The apps are ugly! The entire interface is definitely unique because it lacks any trace of "STYLE & TASTE"!
Samsung is a copycat! They have a major advantage because they manufacture hardware for apple and they should be ashamed of themselves! They wait for the plans from Apple for the next device that ey will be making parts for and they creme all over themselves while they take it into a closet and come up with Androids next Best device based on those plans from Apple! Then after they do it and HTC copies them you show up here on an iPhone site passing yourself off as the Android Professor when you are at best an EDUCATED TROLL!
How can you look at these devices and see anything other than Apple design with Android specs?! Be honest with yourself! And go to Android Central! LOL! I don't spend all day on their giving opposing arguments. So why do you feel like you're needed here? Are you getting a check from Google or what?!

Lol extremely unfriendly riiiiight....just cause it does more does not mean its unfriendly....there are some things that I can access on my gs2 more efficiently than I can on my if Samsung copied apple then apple copied lg,its as simple as that....everyone copies everyone but apple are the only one thinks they dont copy lol did you see ios5 pretty much everything is taken from other OS' calling others troll when you are the biggest troll here who thinks apple is God...I'm.surprised you didnt kill yourself when lord Steve jobs itrolls are all happy when you hear apple are trying to ban other products but when its the iphone you cry blasphemy lol talk about being hypocrites of the highest order...I dont want anything to be banned but apple started this banning bull instead of just being reasonable and accept loyalty like everyone else they want to take choice away from deserve everything that happens to them...what did you expect Samsung to just sit back....apples needs to brought down a peg or 2...before you shout fanboy...I don't care for either company...I just like to have the best of whatever's out...I have the ip4 and gs2 and they are both great dont judge all androids as the gs2 has never lagged or had any problems...I get through a day just as easy I get through with my ip4....also my ip4 is jailbroken and to be honest it would be totally unusable for ME without jailbreak....

You want the best of what's out but your defending Android??? That's kind of bass ackwards. Android is basically a free "OS" for these companies to shove into their cheap plastic phones and flood the market with it to steal money out of your pocket. They love you idiot Apple haters because you defend these crappy phones like it's your child. It's people like you that allow these companies to screw us. If you act like a polished turd is worth it's weight in gold then the company is going to keep selling you turds. Get it?

just stating some truth...something are simpler on ios but there somethings also simpler on android its just fanboys keep crying android is too complicated when in essence thats not the case. I find using both OS the same...of course there will be some people who dont know how to use everything but i doubt someone is going to buy a phone without having a play with it and actually put there hard earned money unless they could use it... how is it backword to say i want the best and defend android because at the moment in smartphone technolgy android is at the top hardware wise...maybe things will change when the ip5 comes out and if the ip5 is the best hardware at the time it comes out then i will get the ip5...i dont care of brand names of my phones, i care about what they do and whats inside the phone uts as simple as that for me :)

I don't think anyone could confuse a Samsung phone with an iPhone. While there may be similarities, the iPhone is distinctive, in that it functions reliably and has an operating system with a consistent user experience that doesn't require hard resets after an operating system update, just to get the thing working properly, as far as I know. Millions aren't standing in lines to buy Samsung Galaxy phones. And as they are manufacturing partners, the judge needs to do as others have said and force them into mediation. These lawsuits aren't doing anything but making lawyers rich.

I'm on both sides of the fence with this.
On one hand, Apple is right. If they work hard enough to make a certain program, code, design, etc...then by all means, they should have the right to defend it.
But on the other hand, one of the judges in the many countries this kiddish battle is in stated that a design so generic and simple can not be hoarded to themselves. That same judge also stated LG Prada and a Nokia 7700 series phone as being prior art to the minimal design of the iPhone and the grid layout of iOS respectively.
So it's just a bunch of bullshit this is. I think Alsup should be judge for all of these cases. He seems the first competent judge that I've seen in these litigations.

Another sorta-relevant Ars link on the idiocy of patents: Study: patent trolls have cost innovators half a trillion bucks
$500 billion spread over 20 years may not seen too bad, but the process is only picking up steam. In the last 4 years, patent litigation costs have risen to an average of $83 billion per year -- or about 25% of all industrial R&D spending in the US.
Note 1: Apple is emphatically not a patent troll in this study, because they make stuff. The study focused on "non-practicing entities." (think Lodsys, or NTP)
Note 2: The authors do note that the chemical and pharmaceutical industrires are segments which still seem to see a net benefit from the patent system.