Samsung gets even, sues Apple over the iPhone 5

By , Oct 2, 2012

The Apple vs. Samsung legal spat is far from over. Apple started this war but Samsung is determined to win in the long run. Making good on its promise and multiple threats to sue Apple over 4G wireless networking technology used in the iPhone 5, the South Korean conglomerate filed suit against Apple over the alleged patent infringements in the iPhone 5…

Reuters reports:

Samsung Electronics said on Tuesday that it filed a new lawsuit against Apple Inc in a U.S. court, contending the iPhone 5 infringed on Samsung’s patents.

The company wrote in a statement that “we have little choice but to take the steps necessary to protect our innovations and intellectual property rights”. The suit is schedule to go to trial in 2014.

Bloomberg reports that Samsung began its investigation of the product as soon as the iPhone 5 was available for purchase.

FOSS Patents explains that Samsung asked the court to add the iPhone 5 to the existing lawsuit underway in U.S. Federal Court. Samsung is alleging that the iPhone 5 infringes upon its six utility patents and two standards essential patents.

The complete court filing (via CNET) has Samsung arguing that “the iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation”.

If the argument holds true, the iPhones in general, not just the iPhone 5, could be found of infringing on Samsung’s wireless technology patents.

Apple also suffered a legal setback as the Northern District Court of California, in accordance with a previous ruling by the U.S. appeals court, has overturned a sales ban against Samsung’s Galaxy Tab 10.1. Commenting on that decision, Samsung told Reuters:

We are pleased with the court’s action today, which vindicates our position that there was no infringement of Apple’s design patent and that an injunction was not called for.

By targeting Apple’s latest iPhone, which sold over five million units during the opening weekend, Samsung is hoping to get some leverage after a U.S. court in the high-stake Apple v. Samsung trial awarded Apple $1 billion in damages (Apple wants more), also ruling that Samsung infringed upon several Apple patents.

The problem is, Samsung has so many phones that even a sales ban cannot stop its march.

Apple on the other hand has only one high-profile device family so any possible sales injunction would put a serious dent in its fortunes as Apple is now basically an iPhone company.

What do you think Samsung’s chances of winning this one are?

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  • http://www.facebook.com/Sejo87 Sejad Jr Sejdic

    I think they got good chances…..

  • http://www.facebook.com/profile.php?id=100001529871745 Kamil Tetido

    None.

  • http://www.facebook.com/people/Nick-Jones/100000924305932 Nick Jones

    Not even lol You know the size of dent that would also put on uncle sam.

  • http://www.facebook.com/xamalis Petros Kyriakou

    zero

  • Eldaria

    In US, very small chance no matter if they are right.

    • http://twitter.com/GerardoPineda20 Gerardo Pineda

      That’s call discrimination

      • Eldaria

        Maybe not so much discrimination, perhaps protectionism, or favoring national interests/businesses.

      • http://twitter.com/GerardoPineda20 Gerardo Pineda

        You are right, thats nationalism, but judge shouldn’t have a preference for any fraction

  • Gurk

    When will the war be over..?

  • http://twitter.com/myorangeisstuck Willie

    Samsung is being immature, this fight will go on and on. If they fail, they will keep trying to stop sales. And apple will just fight back.

    • @dongiuj

      And apple’s not immature?

    • Samuel Lee Chee Hao

      Apple is fxxking immature…
      Why Apple sue others was right but Samsung sue Apple was wrong?
      Don’t be bias…

  • http://twitter.com/DevehJ David F

    Depends entirely on whether Apple infringed patents relating to fourth-generation wireless that are owned by Samsung.

  • iHamzaDev

    These lawsuits between Samsung and Apple are pretty much just grudge matches. While these companies are fighting each other, what they don’t realize is that they are helping each other, in terms of business. Granted that relationships between the two companies may not be the best right now, but business wise, consumers are benefiting the most from all of this. Whether you win or lose these legal battles, these two companies are mostly after money, especially Samsung, currently. With the 1 billion dollar dent Samsung has had to suffer, it is looking to get even with Apple and get some money out of them. I very HIGHLY DOUBT that Samsung will get an approval for a sales ban on the iPhone. Very highly unlikely. The courts look at a lot of things before looking into a sales ban. The iPhone is a high contender in the world-wide market, competing against other large corporations such as Samsung. In United States, I very highly doubt the courts will approve for a sales ban on the iPhone. And I believe this will happen with Samsung as well. I doubt their smartphones and tablets will get banned. There is currently a lot of healthy competition right now between the companies, which is good for consumers, but these companies are taking it one step further with these legal battles. Sooner or later, the courts will nail both of them HARD because these patent battles are getting out of hand.

    • @dongiuj

      Wait a minute. I thought samsung had a sales ban ealier this year on a few different models?

      • iHamzaDev

        I’m talking in terms of a mass sales ban on several products that Apple is hoping to have banned. If a monopoly comes to surface, then the government will intervene. Samsung wont have success getting the iPhone banned, nor will Apple has success getting many of samsung’s products banned.

      • goofygreek

        They did, but most models were old and pretty much discontinued.

  • Kevin Phan

    Go Samsung!

  • http://www.facebook.com/tarique.haniff Tarique Tricks Haniff

    nokia 920 all the way

    • Kurt

      nokia does have the best phone. that camera and screen = perfection

    • goofygreek

      looks like some people are not happy with that comment. My friend is trying to decide between a 920, and a note2. Im telling him togo with the 920.

  • http://www.facebook.com/people/Steven-Cannan/100000630162509 Steven Cannan

    I hear baby’s crying oh wait lol

  • Reneiver

    Apple is getting sued for using the technology needed to operate LTE, so that means I can be sued for using my legs to walk right?

    • @dongiuj

      Why on earth would you make that comment? And why twice?

    • Gerard Hampton

      Well apple owns your brain obviously so if you haven’t asked them for permission to walk, you’re going to get sued. I suggest you decapitate yourself to avoid any problems.

    • Samuel Lee Chee Hao

      So why Apple sue Samsung over Rectangle design?

  • http://twitter.com/ahmad_sfeed F.A.L.4.E

    When samsung will surrnder !!!

  • Reneiver

    So… I could get sued for using my legs to walk?

    • http://twitter.com/2morebatteries AAAA

      You better ask Apple first.

    • http://twitter.com/nAcolz Acolz

      Is that pattented you faggot?

    • Kurt

      apple will sue your ass

      • coejam

        lol because apple see he carry apple iphone on his hand and walking.

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

    2014…um so by then we will all be sporting shiny new iphone6s and 7s…lolooollolo

    • http://twitter.com/rlmeena Roshan

      Does it matter which iphone will there be at that time? If Samsung wins, they will ask for damages for 4-5 years and considering the huge number of iphone and ipad devices apple sells, this could easily go few billions.

  • seyss

    Goddamn Koreans.. Americans used to be smarter and together

    • http://www.facebook.com/profile.php?id=604885391 Richard Borkovec

      Xenophobic much? I’ve seen nothing but xenophobic remarks towards Samsung since this whole BS started.

  • http://twitter.com/djthotsa Thotsa

    no nSamsung’s no chances of winning this one are

  • haroutdushikyan

    I can care less about “Samsung is better” or “Apple is better”. They are the same shit, built in different styles, with modified ideas. What if Thomas Edison sued everyone who tried to use electricity? That would be plain retarded. The point is to make a great product, not fight over silly patents. I think they both need to grow up and focus more on their own products instead of trying to take down each other.

    • http://www.facebook.com/vaughan.elphick Vaughan Elphick

      You are right but as Samsung has stated….. Apple started this stupid a$$ Sh1t and are only COUNTERING them now so they got more chance in court to either win or lessen the blow they receive from Apple, Apple ARE an evil company in everything they do, it’s why I stay away from their products (and I don’t own a Samsung or even smart phone either so I’m not playing favourites)

    • Des

      Actually thomas edison did try to take down every electric company that went up. Learn your history before you make comments.

      • asamsungcust

        You said it… “Tried”…!!! But very stupid trying to do it. So pointless ;-)

  • iNfAMOUS70702

    Apple sooner or later is bound to lose one of these lawsuits and I hope it does happen so it can put them in their place and FORCE them to innovate instead of trying to win through the courts

  • http://twitter.com/Chindavon Chindavon

    Dear Samsung, if you go through with this, we will cease any device purchases from you. We have until the year 2014 when this gets under-way which gives us time to partner up 100% with other companies begging for our business. Have a nice day.

    -Tim

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

    who cares

  • http://twitter.com/imperiumSG Andy M.

    this will never end.

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

    First of all they cant sue over 4G, every phone has 4G now not just samsung, that is a stupid lawsuit to make. They just tryin to get the money back they lost.

    • goofygreek

      So, apple can sue over the design of a rectangle, but samsung cant sure over 4g/lte patent?

    • http://twitter.com/rlmeena Roshan

      As far as I know, Samsung is not suing Apple over 4g in general but the implementation of 4g technology (which Samsung own), a particular method. And they can sue over it other then that, 4G should be under FRAND.

    • http://www.facebook.com/profile.php?id=604885391 Richard Borkovec

      Samsung isn’t sueing over LTE, but ya know what, they CAN because they have patents on it; as does Qualcomm, Nokia, and Apple. It’s stupid, but it’s true.

    • Samuel Lee Chee Hao

      Bro, Samsung hold the LTE patent, why can’t Samsung sue Apple?
      As what goofygreek said, why Apple can sue Samsung over the design of rectangle? Don’t you think the rectangle design is more common than LTE?
      And did Apple hold the patent of “Rectangle”?

  • Carlos Briones

    Apple sued Samsung for more than just a few patents, they sued because Samsung copied their designs and patents. Although it sounds bad that I’m siding with Apple, Samsung really doesn’t need to sue them over this. Suing over a 4G patent is stupid, and I guarantee whether Samsung is right or wrong that they will not win. I can’t see the phone market to be ran by Samsung phones… can you?

    • Samuel Lee Chee Hao

      I don’t agree..
      Why Apple able to sue Samsung over Rectangle design but Samsung cannot sue Apple over LTE since Samsung holding the patent…
      The judge are so bias if Samsung couldn’t win for this round…

  • http://www.twitter.com/erickmojojojo Erick Hilmansyah

    so who will pay the loss for the time when the 10.1 gets banned? the Judge? Apple?
    in the end, —Consumer, Samsung and Apple is loss.— the one who win is the Judge and the Lawyer who makes money from the court.

  • Jason

    It isn’t just the 4g crap, theres a lot more. i dunno about the ipads but the iphone 4S copied A LOT

  • Justen Turner

    apple sucks there phone`s brake so eazy

  • Alex goth miku

    as the galaxy tab 10.1 is banned in america, it is still available in canada.