Samsung re-iterates plans to sue Apple over 4G LTE in the iPhone 5

By , Sep 10, 2012

The world’s leading cell phone and smartphone maker wasn’t kidding when it promised to sue Apple as soon as the iPhone 5 comes out over an alleged breach of its wireless patents related to the fourth-generation Long-Term Evolution (LTE) radio technology.

This morning, unnamed Samsung executives told a Samsung-friendly publication that the Galaxy maker will target Apple’s key markets in Europe and even the U.S., Apple’s home-turf. With Apple struggling to invalidate HTC’s two LTE-related patents in another suit, perhaps Samsung has a shot at disrupting the iPhone 5 launch?

A senior Samsung executive who is “directly involved with the matter” told Kim Yoo-chul of The Korea Times in a phone interview Monday morning that the South Korean conglomerate will sue the next iPhone over 4G LTE wireless patents the second it hits store shelves:

It’s true that Samsung Electronics has decided to take immediate legal action against the Cupertino-based Apple. Countries in Europe and even the United States ― Apple’s home-turf ― are our primary targets.

The story is an extension of a similar report published on August 30.

Interestingly, an SK Telecom official informally confirmed news that talks with Apple regarding the next iPhone and its support for SK-specific LTE frequencies “ended with a good result”. The source confirmed that SK will in fact “offer the much speedier new iPhone to our customers”.

You’re probably wondering why bother, right?

I mean, Samsung just lost a high-profile U.S. suit, with over a billion dollars in damages awarded to Apple and the jury ruling that Cupertino violated none of Samsung’s patents while rejecting every one of Samsung’s instances to invalidate Apple’s patented technology.

But it only takes one bullet to kill.

Apple only has one smartphone family – the iPhone – and if anyone manages to provide in litigation that Apple’s devices infringe on other people’s patents, door will open to a sales ban which could have devastating consequences to Apple’s fortunes.

Apple is now basically an iPhone company and any disruption to the iPhone biz will spook investors and hurt price of its shares, not to mention a huge drop in revenues and earnings.

That’s why Samsung is launching new suits despite losing the big one in the U.S. The ruling increases likelihood of a possible U.S. ban of iPhone and iPad devices

Samsung has by some estimates 12.2 percent of the world’s 4G LTE portfolio of patents. However, many of these are said to be standard-essential patents so Samsung will faces an uphill struggle convincing the court that Apple infringes upon technology that is essential to the mobile industry.

Another Samsung executive commented:

Apple claimed the existing 3G-related patents are standard essential patents (SEPs) according to our earlier commitment to the FRAND (fair, reasonable, and non-discriminatory) terms. But the story is totally different when you talk about LTE patents. These are new and highly-valued,’’ said another Samsung executive.

Last Thursday, a judge said Apple may struggle to invalidate HTC’s two LTE-related patents, increasing the likelihood of a possible sales ban on the iPhone and iPad devices in the U.S. HTC’s victory could have positive effects on Samsung’s legal attack on the iPhone 5.

However, let’s not forget that the next iPhone is believed to feature LTE networking by way of a Qualcomm chip and Qualcomm has licensed 3G/4G technology from patent holders.

That being said, it’ll be interesting seeing how Samsung wiggles its way out of this one.

Though Samsung never won a clean victory in any of the cases spread across ten countries around the world, perhaps they’re hoping a high-profile suit against the iPhone 5 may disrupt sales and divert some of the pent up demand in its direction?

Note: the above image is just an artist’s rendition of what the next iPhone might look like, based on rumor-mill reports.

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  • Kok Hean

    What if Apple trolls them with a non-LTE iPhone?

    • http://www.facebook.com/zacksloane Zachary Sloane

      As funny as that might be…it’s not happening…if it did their stock would drop about $100 in 30 minutes.

  • jose castro

    10 bucks says they will lose again hahahaha

    • adam lompis

      I’ll take your 10 bucks Mr Castro and up you $50 that the judge finds out that Samsung stole the ideas for LTE and are claiming as their own technology/design. haha

      • Discoveryman

        I will take your $50 bucks Mr Lompis and up you to $5,OOO.00 How about that? Uhh!

      • adam lompis

        -_- (folds) Touche Mr. Discoveryman, Touche!!

      • a smit

        douches

      • adam lompis

        ouch, dick move

  • http://twitter.com/geekinit geekinit

    It’s interesting that communicating with set of LTE standards can involve patents. Not sure how Samsung can win without having an actual device in hand. Aside from the new iPad, no one really knows how Apple will implement it until it’s launched.

  • GambitGamer

    So is erevery phone that uses 4G LTE is breaking the patent? They will just make it so it won’t efect that 12.2 percent of patents. Do you really think Apple would knowingly break the patent?

    • http://twitter.com/purpledodi Jens Tinnerholm

      Or course apple pre-dodged the bullet. 12% means you got 88% left to use instead. Samsung is really stupid with this one tbh

  • http://www.facebook.com/profile.php?id=1201693261 Yamism Qi Ren

    The things is, Apple actually has patents over whatever crappy things they can thing of like the designs and icons and stuff.
    I wonder what kind of patent Samsung has over 4G LTE, this would be interesting.

  • http://twitter.com/MCaudebec Maxim∑

    *sent 2x sorry can’t delete

  • http://twitter.com/MCaudebec Maxim∑

    Let me guess… Samsung sues and then fails because there patent violates FRAND…

  • http://twitter.com/doubleaa25 Adham

    Apple hasn’t even released the phone yet. What if the phone didn’t have LTE (though very unlikely)? Then they would look like big fools. I still do not see what basis Samsung has to sue Apple over the technology. I am pretty sure Samsung themselves doesn’t. I really think they are just saying that to try and win some of their money back.

    • http://www.facebook.com/anchit.shethia Anchit Shethia

      Samsung dsnt have LTE Patents. already owned by Apple couple of mnths b4. i guess?

    • iFuture

      They just want to strike against apple and they aint interested in winning some money back.

      • http://twitter.com/doubleaa25 Adham

        Exactly, and I heard from some people that Apple has an agreement with Qualcomm to use LTE, eg a FRAND agreement. That would then mean that if Samsung were to sue Apple could use the FRAND as their defense. At least that is what I have heard.

    • anjo

      that is why they sued apple yet. waiting for the official announcement

  • Jesse

    I think apple is two steps ahead of Samsung. It’ll be funny if Samsung does sue apple and they go to court. Apple settles hey Mr Judge, will give Samsung 1.5 billions. Give them back their own money and still make zillions off the iPhone 5. Wow

    • http://www.facebook.com/hien.metallium Xellos Metallium

      dont you mean three steps ahead? why would anyone takes two steps ahead? thats hardly a step. “ah i’ve been shot” “no youre not” “(bang)” “three steps ahead”

  • Ignacio Irigoyen

    So, Samsung will do what himself said it was unfair competition from Apple when the roles where reverted. Interesting, great job sticking to your believes.

    • No more Obama

      i don’t see the problem. if you are a in a fight and the other guy picks up a knife, would you keep to your beliefs and not get a weapon? when you are being sued you sue back. that’s what samsung has been doing. what part of your fanboyism is causing you to not get this information

      • Ignacio Irigoyen

        It is not fanboyism, it is more in the line of practice what you preach or do not do others what you do not want other to do to you. Nothing to do with apple and samsung in particular, just comenting in how hard it to find someone that actually belives and follows what they think.

        So please do not creat conflict and insult people just becouse you miss the point of the comments, ask for clarification and do not take what you want to justify your hate, we have multiple religions for that

      • No more Obama

        what?

  • http://twitter.com/JohnMedina1013 John Medina

    i hope this dosent disrupt the iphone 5, cause i really want it, i hope if apple cant win this one they should pay off their way to launch the new iphone! PLEASE APPLE DONT DO THIS TO YOUR FANS, DO WHAT EVER IT TAKES!

    • http://twitter.com/purpledodi Jens Tinnerholm

      Chill bro. Apple’s LTE wont violate any of samsungs patents. Of course they are going with qualcomm’s stuff which is cleared. Dont even know why samsung believes they can pull this off.

  • http://twitter.com/Zach_Krase Zach Krase

    at this point I feel like apple will prob double check that they don’t break any patents n Samsung will lose

    • http://twitter.com/purpledodi Jens Tinnerholm

      Samsung wont even get to lose. It wont even make it to court

  • chjode

    So, not only would this be a FRAND issue (and possible violation), but wouldn’t the licensing that Qualcomm pays Samsung for the LTE patents carry over when that Qualcomm chipset is used in an Apple phone (or an HTC, Motorola, LG, etc.)?

    • No more Obama

      if all the LTE patents are under frand and licensed to qualcomm.

  • http://www.facebook.com/joe.jonsen Joe Jonsen

    samsung is as lame as the phones it makes

    • No more Obama

      samsungs phones are superior to our iphones, so basically you are saying our phones suck? sorry bro, you’re wrong on all levels

  • http://www.facebook.com/dudu.mohammad.khidhir Dudu Mohammad

    I HATE SAMSUNG . its supposed to produce washing machines and blenders not LTEs . I HATE YOU SAMSUNG

    • @dongiuj

      And TVs

      • No more Obama

        and air conditioners as well as thousands of other products

    • No more Obama

      mohamMAD, why all this hate?

      • http://twitter.com/JayshonTweaks Jason Duong

        What you just said, is one of the most idiotic things I have ever heard. In fact, everyone on this blog is now dumber for having read that. May God have mercy on your soul.

      • No more Obama

        i was referring to his hateful message. now you are more enlightened. you are welcome

      • http://twitter.com/JayshonTweaks Jason Duong

        Hehe :) I like Obama. <3

      • No more Obama

        you can like him if you like. no need to hate~

  • macboy74

    This is stupid. I guarantee Apple has already thought this one through as not to violate any patents Samsung has.

  • http://twitter.com/michaelhernandy michael hernandy :)

    I say Apple will bypass this all and skip to 5G and patent it all hahahahaha

    • http://twitter.com/purpledodi Jens Tinnerholm

      Probably. Only issue after that would be for all the providers to upgrade their systems so we coule use it xD

  • http://twitter.com/HKeseyan Hayk Keseyan

    Samsung please go to bed and never wakeup please I beg you!!! You guys are retards!!!

    • No more Obama

      with out the ‘retards’ you wouldn’t be holding an retina display. or do you think apple invented that too? do you realize you sound like an idiot? why would you want to be that pathetic? they are both great companies making great products. unfortunately one of the companies began suing everyone else and now might just see their 6th gen phone not be released. this is a loss for all of us. shame on apple

      • http://twitter.com/int3nsive Int3nsive

        Samsung didn’t invented the retina display either. Apple screen technology is only manufatured by Samsung, LG and Sharp, but even Samsung doesn’t use that technology. Do you know any Samsung device with retina display? No. They use other display technologies that they own. Wich btw, suck. See the S3 example. That display sucks really hard. The only good thing about that display is AMOLED, that uses less energy than the normal LED display’s.

      • No more Obama

        retina display isn’t used because it’s not as good as a super amoled…and now nokia has come out with a better display then both companies, brighter and more responsive and better blacks.

      • http://twitter.com/int3nsive Int3nsive

        Retina Display has better colors and contrast than SuperAMOLED. And much better definition. So, yes, your argument is invalid. SuperAMOLED in the daylight sucks even more. There’s nothing better on SuperAmoled aside the power usage. It’s a technology that still needs a huge improvement.

      • OBAMA OBAMA OBAMA!!!!!!!!!!!!!

        super amoled has blacker blacks, so no apple’s retina will never have more contrast. amoled screens are the future once prices come down more. you will see LED LCD stop being used in TVs and amoleds will take over

      • UMadBro?

        Are you just here to like argue with every single persons comments or are u just being annoying wait i know!!!! BOTH.

  • http://twitter.com/Chindavon Chindavon

    How about this Shamesung, You sue Apple, and Apple says I’ll take my business elsewhere! Apple is your biggest client by a longshot, and if Apple were somehow able to get all there parts from others, Shamesung would go into the toilet.

    • http://twitter.com/purpledodi Jens Tinnerholm

      Samsung can live without apple hands down. They make alot more then cellphones you know

    • No more Obama

      you don’t know much about sasmung guy haha.

  • http://twitter.com/oo7plasma Brandon Weidema

    how about waiting till the iphone 5 is actually released, wtf lol.

    • No more Obama

      they are doing exactly that, “wtf”

      • http://twitter.com/oo7plasma Brandon Weidema

        sorry, meant waiting to see if the iphone even has 4G LTE lol

      • No more Obama

        haha, that makes more sense, i was reading laughing saying what is this guy talking about. :P

  • http://twitter.com/int3nsive Int3nsive

    Samsung will try to sue Apple over FRAND technology, and you will see the US, European and even South Korea court sue and punish Samsung over Anti-Trust law. Will be hilarious. Shamesung are digging deeeeeepppp their own tomb.

  • http://twitter.com/therealjdizzle Jason Masters

    I wonder how much a banned iphone would fetch on ebay or craigslist???

  • http://twitter.com/SomaXD somaxd

    this whole apple/samsung thing makes me feel weird. like… i love my iphone… and i also love my samsung hdtv… but i hate samsung in the cell phone business… but i dont hate samsung tv department… i dunno, just feels weird.