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Samsung planning legal offensive against Apple's unreleased iPhone 5

Samsung has already planned out an aggressive legal strategy to block sales of Apple's unannounced iPhone 5 when it arrives in Korea, a new report claims.

Insiders at the South Korean electronics giant indicated to the Korea Times that the company plans to immediately take its legal battle to the next generation of products when Apple attempts to release the iPhone 5 in Korea.

"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 an anonymous Samsung senior executive.

"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," he added.

Another executive with the company highlighted alternative strategies that its legal team has planned. "We are taking different tactics since we are quite confident," he said. "If Samsung wins in Germany that will give us a big breakthrough and so will other envisioned efforts against such products as the iPhone 5."

In June, a U.S. judge denied a request by Samsung to see Apple's next-generation iPhone. The company had filed the motion as a counter to Apple's request to see unreleased products by Samsung. Apple had, however, restricted its request to already-announced products, while Samsung was asking to see devices that Apple has yet to announce.

Samsung officials also told the publication that Apple's fifth-generation iPhone would add near-field communication (NFC) technology to introduce e-wallet functionality. Apple itself has given no indication that it will add NFC capability to the next iPhone, though rumors have swirled about the feature, with one recent report claiming that it will arrive either on the fifth or sixth generation of the handset.

Employees of the company, which doubles as a rival and supplier to Apple, have leaked information regarding upcoming Apple products in the past. Last week, a former Samsung manager admitted to leaking information on the unreleased iPad while working for the company in 2009.

The patent war between Apple and Samsung has quickly escalated since the iPhone maker fired the first shot in April. At least 23 lawsuits are pending between the two companies across a number of countries. Apple has seen a few early victories against Samsung, including a permanent ban preventing its rival from selling the Samsung Galaxy Tab 10.1 tablet in Germany.



154 Comments

marokero 15 Years · 99 comments

This is getting childish. It's been childish for a while. Apple should move away from Samsung and be done with it. It's like a disfunctional divorce where both parties hate each other, yet they still like ####ing each other

jmmx 16 Years · 341 comments

Quote:
Originally Posted by marokero

This is getting childish. It's been childish for a while. Apple should move away from Samsung and be done with it. It's like a disfunctional divorce where both parties hate each other, yet they still like ####ing each other

You miss the point. Samsung is infringing on Apple's IP. Apple puts effort into innovating, then others copy it lock stock and barrel. That simply is not fair.

If you had invented something and others ripped you off, you would be upset as well.

jmmx 16 Years · 341 comments

Quote:
Originally Posted by AppleInsider
"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," he added.

The implied premise there is that the telecommunications functions require their patents. But such patents as become part of telcom standards are required to uphold FRAND principles. In this case, they can not withhold licensing them for Fair Reasonable and NonDiscriminatory fees.

In many cases (I believe), such fees are covered in the parts Apple buys.

So I do not see any real threat in these suits. Samsung is just blowing a lot of hot air.

chabig 20 Years · 641 comments

Quote:
Originally Posted by jmmx

The implied premise there is that the telecommunications functions require their patents. But such patents as become part of telcom standards are required to uphold FRAND principles. In this case, they can not withhold licensing them for Fair Reasonable and NonDiscriminatory fees.

In many cases (I believe), such fees are covered in the parts Apple buys.

So I do not see any real threat in these suits. Samsung is just blowing a lot of hot air.

I agree with this.