Earlier this week, the ITC announced that it would be reviewing its September-decision that Apple’s products don’t violate some of Samsung’s patents. It’s a pretty big deal, as an overturn could result in a sales ban.

As you can imagine, Samsung is thrilled with the ITC’s choice to revisit its previous ruling. And this morning, the company’s head of mobile and IT division Shin Jong-kyun had a few things to say about the case…

9to5Mac points to a Korea Times article that contains some pretty interesting comments made Jong-kyun. Remember, this is the same guy that last week said that Samsung had no plans to enter an HTC-like settlement with Apple.

“The truth never lies. Without Samsung-owned wireless patents, it’s impossible for the Cupertino-based Apple to produce its handsets,’’ said Samsung’s mobile chief Shin Jong-kyun in a brief meeting with local reporters on his way to the company’s main office in downtown Seoul, Wednesday.

“As you know, Samsung is very strong in terms of portfolios of wireless patents,’’ the executive added.

Shin’s remarks were confirmed by [Samsung’s] spokesman Park Han-yong.”

Samsung does have a pretty extensive IP portfolio with a number of wireless patents. But the thing is, most of its bigger patents have been declared ‘standard-essential,’ meaning they are necessary inventions for the mobile industry.

Here’s a good explanation:

“An essential patent, or standard-essential patent, is a patent that claims an invention that must be used to comply with a technical standard. Standards organizations, therefore, often require members disclose and grant licenses to their patents and pending patent applications that cover a standard that the organization is developing. Failure to license an essential patent may be a form of patent misuse.”

Companies who use these kinds of patents in litigation are generally frowned upon. There is a lot of gray area surrounding it, but typically, these kinds of inventions can’t be used to win sales bans or extensive damages.

Apple has been trying to license these patents from Samsung for years, but the two sides have never been able to reach a deal. And that’s not surprising, considering they are Samsung’s only real firepower in the patent war.

The ITC’s initial decision in this complaint, which was filed by Samsung last year, was made in September by Judge James Gildea. The entire Commission board will now review the case, and a final ruling is expected in January.

  • And yet Samsung would be nowhere without the iPhone. It’s a vicious cycle.

    • droid4life

      Now that i remember samsung was in the cell phone game first than apple and they were making good phones not. As good as the iphone untill now that they make better phones i like the iphone but i like better the SIII and note 2 just my opinion

      • Yes, they were in the game fisrt… before Apple they where copying Nokia and Motorola. They even used Symbian in some of their smartphones… so original… so innovative.

      • droid4life

        True but somehow apple just needs something more revolutuanary i was and apple fan but once they unvield the iphone 5 i started looking in to other phones i never like android but man android gives u so much. Things that apple does not offer it just my opinion

      • Android offers more but don’t necessary more quality. It’s easy to drop features on a system.. but make them great, consistent, with powerful usability it’s hard. Apple focus on quality, not quantity. They need to improve iOS? Yes, sure… we need more features and configurations…but I prefer that way… with time make something good instead of pulling out features just to show to people that they have “that features”. Android world is still a mess.

      • thedarkknight80

        Jelly Bean 4.1.1 running on my note 2 is NOT a mess . Buttery smooth animations, dropdown toggles ( had to jaibreak my 4S to get that feature, ala intelliscreen ), a beautiful notification center, very handy time saving widgets for my business apps, social sub menus for sharing pretty much anything you create on your phone, the ability to install system apps with gestures that will put the entire cydia tweaks to shame ( available free on google play/no root required ) . And best of all : NOT A SINGLE LAG OR CRASH .

        IOS is history ….end of story .

      • ive also got 4.1.1 on S3 and an iphone 5 the S3 is really good at doing more but with a price it doest browse as smooth as the iphone5 and does from time to time lag the iphone 5 is definatley alot more responsive and better quality reliability with only the ios restrictions letting down which is for me the only aspect my S3 has over it. If i had to get rid of one it would be a hard choice but i think i would keep my iphone? in short its a close call however if the iphone5 was jailbroken that changes things and maybe apple need to free up there future phones!

        from an android amd apple fan

      • thedarkknight80

        4.1.1 on the note 2 is a whole different ball game 🙂

      • Android is a mess, his fragmentation is still a mess. A system based on vectorials and Java is a mess. It’s heavy and badly performance. That’s why Android, in general, needs more powerful CPU/GPU to run fast and smooth, and even with that, it’s not so fast and smooth like the iOS.

        Do you want a easy example of that? Retina Display on the iPad 3. With such a big screen resolution, and less GPU/CPU, the iPad runs much more faster and smoother than almost the entire Android Tablet lines with about 720p only….

        And the lack of security on Android world is the biggest mess ever. I can’t count the number of people that I needed to help to remove problems. SMS crashing a lot.. Malware that they don’t understand why they get it… and I always say to them: “do not install any app from the web” and they reply to me: “but I only installed apps from the Google Play!!”

        Plus, official updates. There’s a lot of people with un-fixed wholes in their system because most of them can’t get the latest update. And BTW, good luck with the future boot rom locks. Galaxy S3 on Verizon was just the tip of the iceberg.. and Motorola I don’t even comment…

        They got what they want with “broken promises” and now are closing the Android more and more. And for the people who say: “but android is linux.. bla bla bla.. freeedom”… just be quiet. In about 20 years, it was the first time I saw a “Linux based system” being root locked. Everytime I saw ppl talking about Android and saying: “this is THE one version…”

        Ow.. come one… iOS is fast and smooth since the day one. (2007). And Jailbroken is heaven, wheres, btw, I require a JB much less than I needed in about 2 years ago.

      • Juhweetwelwie

        True story

      • BOSS!

      • thedarkknight80

        if someone read your reply , they would believe that the whole world is drowning in an Android mess and the world is much better with an Iphone 5 , where scuffs, battery life sucky sucky, tiny screen, unbalanced camera light leaks and useless maps outside the US are the green grass every phone buyer should get .

        But again, i understand you, since you are posting on an i blog and not on an unbiased blog , so the isheep secret code may apply to your ipoetry .

        Reality check : 3 Million HAPPY Galaxy Note 2 users and 30+ million Galaxy S3 users DISAGREE with you .

        Period .

      • Sure… because a phone made of plastic, with a crappy battery life, with a S-voice dumb syster SIRI, and a huge screen color saturated and crappy technology being that screen is much better than the iPhone. Useless Maps ouside US? LOL.. I live in Europe and here Apple Maps works pretty well.. with just a few months of data, Apple are in a good track.. Can’t imagine in about 7 years of data collected, like Google has.

        Sales? … you talk like the iPhone has poor sales…. lol

        But again, I understand you.. you are so happy with your S3 that you can’t stay out from a iDevice blog… how ironic it is…

        Btw.. it’s irrelevant to me if you are in your period or not… I am a guy… the only period that I care is from my gilfriend.

      • thedarkknight80

        Fact checks :

        1 – I own a Note 2 , not an S3

        2- The note 2 battery has been tested to be spectacular, ranking second after the MAXX . Check the reviews and the benchmarks online , they are all over the place . Plus, i can confirm from user experience .

        3- Yes S voice sucks, but Google now is a WINNER , which what i actually use .

        4- You obviously haven’t held a Note 2 and looked at the screen and seen how gorgeous the RGB colors, texts and pictures are on it .

        5 – I was a long time iphone user ever since the first iphone . Had the 2G , 3G and 4S ( jailbroken with plenty of tweaks and i loved every bit of it ) .

        6- I never said the iphone has poor sales .

        Believe me , it would have been soo hard to convert me to look outside the ishell and find something in the android experience to satisfy me ( especially regarding the UI software/hardware integration experience you mentioned before ) .

        But guess what ? the Note 2 delivered …and then some .

      • iPhone 5 = Full SRGB gamut.

        And yes, I had one Note 2 for two weeks. Colors look great, but not accurate to the “real world”. And I must say that I hated the “Blue” whites. But definetely looks much better (and natural) than the S3, that the “blue whites” look even worst.

        And both Note 2 and S3 have “Standard RGB” colors. The Samsung trick is increasing the saturation to make it more “VIVID colors”

      • i have an iPhone 4,4s,5 an iPad 3 and mini and a galaxy s3
        i like customization and the s3 is best on that one at the end of the day they are all good very very good actualy also if the iPhone was made with plastic id still buy it and can only wish apple in the future would consider external memory cards.
        iPhone 5=good

        i like to look than just sit with blinkers on

      • Handy that you didnt mention sony. Open bootloaders and guides on official websites to custumize kernels. All for the open world of android ^^

  • M Last

    and your Galaxy’s cellphones and tablets would be impossible without their patents

  • He forgot to say “Samsung will not be great even with Apple patents and iPhone”.

  • He forgot to say: “Galaxy Phones and tablets would be impossible without copying Apple”.

  • droid4life

    Its true but apple just revolutionaze the phone

  • eye for an eye. apple screws samsung and now samsung screws apple. sounds fair to me.

  • Lol so even if that was the case your phones were impossible without iPhone patents as well. So both should play nice and just make some agreement of some sorts.

  • Samsung wouldn’t have been able to make a single smartphone if not for the introduction of iPhone in 2007.

    • Hyr3m

      Except they made smartphones before Apple even started developing theirs…

    • They had a bounch before iphone. They sucked tho

  • Tim “Samsung didn’t rely on our PATENT, as they STEAL our ideas without PAYING a CENT”

  • Frank

    I used to buy every new gadget came out of Apple. But lately, I am disappointed. New phones are just small steps forward from their earlier models, no longer giant leaps like before. No longer revolutionary changes, just evolutionary makeups, small makeovers I might add. Cannibalizing on their own products, making them cashcows is showing how desperate Apple is trying to retain their market share. I used to love Apple for their innovations, but now, innovation is log gone from their business stategy. I am not saying Samsung is great or Android is best, but at least I am seeing their effort in trying to winning over consumers with their products, not just using their brand name.

    Here is my 2 cents.

    • Lordthree

      Samsung is laughable. Their phones and profits are only possible because they’re build by 13 and 14 year olds, required to work mandatory overtime in unsafe conditions. Samsung is pathetic, corrupt, thieves.

    • One way or the other they are running out of phone innovations, perhaps thats why they are fighting for scraps. Any good ideas? Then tell Apple or tell Samsung maybe someone will listen.

    • Blahblahtldr

      Have you been blind ? Name one thing apple has made that was so much different than its predicessor. Not new ideas or products but improvents of already releases devices. They have never made giant changes to a device.

  • Frank

    Samsung is pathetic, corrupt, thieves, and Apple is not? Both companies are subcontracted their production lines to China, most of their phone models are built by automated robotic production lines. If the subcontractors want to exploit the local labor market, its their fault, not companies contract them. not even a single thread of evidence had ever pointed directed to either Samsung or Apple in direct involvement for abusing local labors. And what i am talking about here is not how their phones are made, but rather how the companies are viewing the market, in other words, us, the consumers. I rather prefer a company which makes money by thinking of consumers that their balance sheet. Give me a good product, I will buy it, give me a more or less similar product calling it a “the best thing ever happened to…..” well, I will not.

  • Frank

    By the way, I had played around quite a few days with both iphone 5 and galaxy note 2, didn’t buy either, but galaxy is hands down a better phone. Got myself a Nokia Lumia 920 instead, not as mature as iphone or galaxy, but I see innovations there and good, solid design.

  • Blahblahtldr

    The difference being samsung infringed Apple’s non essential patents whithout paying.
    Apple might have infringed samsungs FRAND patents but that is because samsung does not offer them for reasonable price. They are charging apple more than other companies. And that is something that will bite samsung in the ass since it is the exact opposite what FRAND stands for.

  • Riza

    Samsung gonna kick apple out business soon.
    Come on Fans put your Thumbs Up and Down

    • I dont even understand what you mean by this comment. How can I give a thumb down ??!!

      • Riza

        K edited

    • Here, you go, Welcome.

  • Bitch Please, I hope u are only talking about ur standard FRAND patents, cos before the iPhone, I invested in ur stupid Omnia phones, boy that was terrible.

  • Abdul Rashid

    Butthurt apple sheeps incoming

    • Abdul Rashid

      Because I am so jealous of them, I still use last century’s software despite the manufacturers copying. I am too poor to buy a proper gadget and insult people while I weep in a corner.

  • Hyr3m

    Here’s a list of all of Apple’s best revolutionary innovations : bit.ly/SwVHWI

  • soooooooooooooo Gay.

    Just Shut UP and try to innovate.