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Samsung Expected To Sue Apple Over iPhone 5 LTE Networking
An anonymous reader writes with this excerpt from Geek.com: "The courtroom battle between Apple and Samsung seems to be far from over, and come tomorrow Apple is in for a major headache as soon as it makes the iPhone 5 official. That's because Samsung is poised to sue the company over patents it owns relating to LTE connectivity the new smartphone is expected to use. All Samsung needs to confirm is that the iPhone 5 is shipping with 4G LTE and it can then apparently set its lawyers into action. As is typical with these patent lawsuits, Samsung will most likely seek an import ban meaning the iPhone 5 may not be able to leave its manufacturing plants and make it to the U.S. to fulfill pre-orders. If such a thing ruling was made, Apple would most likely do a deal that meant it no longer pursued Samsung product bans, and might even forget about that billion dollar payout." Samsung's not the only one hoping to gain some leverage: itwbennett writes, "Apple's iPhone 5 and iPad 3 may violate a pair of patents bought by HTC back in April 2011 that cover methods used in 4G devices for faster downloads. International Trade Commission judge Thomas Pender said it would take 'clear and convincing' evidence to renounce the U.S. patents."
now that Steve Jobs is dead, there is no reason to continue his personal thermonuclear war. Tim Cook should get together with Samsung, Google, HTC et al and sign the equivalent of ABM treaty and cross-license all patents like all normal industries.
The only winners here are the law firms. The customers suffer limited feature availibility rather than a enjoy a robust market of the best each manufacturer can produce. It's a pretty rotten system. "You can only buy what our lawyers and patent portfolio will allow you to from out competitors" Really makes the patent system look like a tool of would-be monopolists.
A feeling of having made the same mistake before: Deja Foobar
But I doubt it will take the form of fixing the patent system.
Likely just calling in favors to be sure he gets his phone first.
Lost at C:>. Found at C.
As far as I can tell, LTE patents were never made FRAND, and it's unlikely that the telecommunications industry will do FRAND again. Apple pissed in the FRAND pool and now noone is interested in being friendly anymore.
There is some indication this is already happening. The Congressional Research Service released a report about it, and the report even used the word "Trolls" in the title.
Still the report is weak on actual recommendations, and spends a portion of its content defending trolls. Its encouraging for an arm of congress to even use the term Trolls, but with no clue as to a recommended solution there is a long way to go.
Sig Battery depleted. Reverting to safe mode.
Why didn't these two companies realize this and come to some kind of truce before it ever got to court?
Because Apple made the stupid move of suing Samsung in the first place. The telecommunications and technology companies were previously in a sort of Mutually Assured Destruction scenario: where everybody held patents that they could sue almost any other company for, but they kept quiet so long as those other companies didn't sue in turn. It wasn't a good system by any means, but it more or less worked. Apple suing Samsung was the equivalent of throwing MAD out the window and jamming their finger on the big red button, and praying everybody is dead before they get a chance to fire back. Surprise surprise: Samsung is still alive, they also have a big red button, and they're pissed.
No, there are no mobile phone companies that don't hold patents and use them either as weapons or as barriers to entry for potentially new competitors, This is why it's silly when people take sides in these fights since neither side is some angelic cmoany. Fanboism overrides logic every time.
Apple is the exception. They refuse to license their patents, and also refuse to pay people for the patents they use.
[citation needed]
And no, I own an Android phone, so don't go there.
I agree with you that FRAND doesn't mean that you have to charge everyone the same amount to use the patents you contributed to a standard. If someone doesn't bring any patents to the table, they should be charged more than someone else who did contribute.
What got Samsung last time was that the patents they tried to use against Apple were considered to have been paid for by the IC manufacturers who incorporated the use of those patents into their ICs. That's commonplace and allows IC manufacturers to sell to customers without those hundred or thousands of customers to each have to pay for those patents individually. Sadly, I suspect these LTE patents are the same type and their claims won't be upheld.
I can mend the break of day, heal a broken heart, and provide temporary relief to nymphomaniacs.
Those who live by the patent, die by the patent.
No sig today...
Qualcomm already licenses the necessary 4G/LTE patents when making their wireless radios. Samsung has tried, and failed, in the past to also charge those who are purchasing the radios (in this case Apple). This is nothing but FUD.
Like the MPEG licenses that allow someone to manufacture a camera that compress to MPEG-4 but if you stream that contents you have to pay again? or force the manufacturer to add a message that the video could not be used for commercial purposes, go check your camera annexed documents http://www.freshdv.com/2010/05/mpegla-licensing-nightmare.html
After seeing the MPEG licenses I believe everything is possible
Can you give an example where Samsung has used patents to block competitor's products from being sold on the market before that whole showdown with Apple?
You're seeing the little picture. Step back and see the big picture.
This is not and never was about any particular issue that Apple is suing anyone over in any particular court.
The recent Samsung case is not about Trade Dress (eg, Rounded Corner rectangles, etc). Other Apple lawsuits are not about the specific claims Apple is complaining about (eg, bouncy scrolling, pinch to zoom, searching more than one database at a time, etc).
For example, Samsung specifically designed a phone (Galaxy S 3) to avoid any kind of trade dress lawsuit. So what did Apple do? Sue over some other equally trivial issue.
What this is really about is that Apple doesn't want any competition. Apple feels like the entire Smartphone industry is God's Exclusive Gift to Apple by Divine Right. Apple should never have to license others' patents, even at standard rates, because Apple is special. Never mind that others have been in the business for decades. Apple should have it all now because Apple wants it all.
This is not your dad's Apple Computer anymore. This is a monopolist wannabe monster that is as bad or worse than Microsoft ever was.
I wouldn't care if Apple just wanted to have their walled garden, sell lots of toys, make boatloads (and more boatloads) of money, and leave me alone. But no, Apple wants to force me to buy their product and only their product. I can't have one of the over 4,000 Android devices that come in every size, shape, color, style and price from lots of manufacturers and on ever mobile network. So now that Apple wants to affect me, I suddenly care passionately, just like I did once with Microsoft.
How much is enough Apple? What do you want? Blood? Would that satisfy you? Aren't you successful enough to just leave everyone else alone?
I'll see your senator, and I'll raise you two judges.