Samsung Retaliates Against Ericsson With Patent Complaint

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Samsung Retaliates Against Ericsson With Patent Complaint

Posted by timothy on Thursday December 27, 2012 @05:02AM from the scrap-it-already dept.

An anonymous reader writes "The wireless patent wars don't pause at Christmas time, keeping numerous IP lawyers (and a certain litigation watcher) busy even at this time of year. No one seriously expected Samsung to turn the other cheek when Ericsson sued it and requested a U.S. import ban against a host of Galaxy devices. The Korean electronics giant, which is increasingly competing with Ericsson in the telecoms infrastructure market, just filed an ITC complaint of its own. The title of the complaint is Certain Wireless Communication Equipment and Articles Therein. That description would apply to dozens, no: hundreds, of patent lawsuits in the world. The complaint has not been published yet, but it would be out of character for Samsung not to assert some of its patents on wireless industry standards (and maybe some others, too)." (Also at the BBC.)

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Retaliate? by noh8rz9 · 2012-12-27 05:08 · Score: -1

Retaliate? I think people are projecting too much emotion onto the actions of corporations. They're making rational decisions in the face of uncertainty to maximize near term and long term shareholder value.

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let's have a conversation! let me know what you think.
1. Re:Retaliate? by larry+bagina · 2012-12-27 05:31 · Score: 4, Informative
  
  Yeah, total coincidence Samsung ignored this blatent infringement for years and only filed a lawsuit after Erricsson did first. On second thought, maybe your dictionary is broken.
  retaliate (v) make a counterattack and return like for like, especially evil for evil; (and this is slashdot, where patents are evil).
  
  --
  Do you even lift?
  These aren't the 'roids you're looking for.
2. Re:Retaliate? by Anonymous Coward · 2012-12-27 05:44 · Score: 0
  
  Yeah, total coincidence Samsung ignored this blatent infringement for years and only filed a lawsuit after Erricsson did first. On second thought, maybe your dictionary is broken.
  retaliate (v) make a counterattack and return like for like, especially evil for evil; (and this is slashdot, where patents are evil).
  Hairy Vagina: I question your ability to compute logic.
  It's obvious that Ericsson ignored Samsung's "blatant" infringement... maybe. I think your dictionary is broken. Ericsson fired the first shot across Samsung's bow. Samsung is retaliating. /pedant
3. Re:Retaliate? by AK+Marc · 2012-12-27 05:57 · Score: 2
  
  Yay. No Samsung in the US, no Apple in Europe. A scorched Earth patent war would finally wake people up to the fact that no complex item can be made without violating thousands of patents. It's just that most industries there are few enough players that a patent war would result in more self damage. If Ford sued Toyota, Japan and others would insta-block Ford. If Boeing and Airbus had issues, France/EU and the US would block the "enemy". Airbus wants access to the US carriers, and Boeing wants access to the EU carriers, and everyone knows you can't build a complex object without violating patents, so they don't look, unless blatant, and hope for an out of court settlement.
  
  It wasn't until the fractured phone market thought it could win the unwinnable war where this mess got enough traction to make a public stink.
  
  We can only hope everyone sees it through and the result is world-wide bans of all mobile phones. Once the execs want their SIII, Note2, iPhone, or Blackberry and can't get it, then the people with power will start to look into the problem (that 20% of Slashdot could fix better than the current system, and 95% *think* they can solve better than the current system).
  
  --
  Learn to love Alaska
4. Re:Retaliate? by Intropy · 2012-12-27 06:47 · Score: 1
  
  Those aren't mutually exclusive. Samsung is entirely capable of rationally deciding that retaliation maximizes near and long term value.
5. Re:Retaliate? by Anonymous Coward · 2012-12-27 08:20 · Score: 0
  
  I wish you had chosen a different market. wiz, one other that the Aircraft Industry.
  Before Airbus started making the A300 the European market was approx 90%+ Boeing & McDonnel-Douglas
  Boeing cried 'dirty tricks' when US Carrier Eastern Airlines bought some A300's. There were other spats like that over the years but they were just spats.
  Now the market is approx 45% each Airbus & Boeing. the other 10% goes to the likes of Bombardier etc.
  On this side of the pond EasyJet is 100% Boeing 737.
  There is no restriction on the markets for each manufacturer.
  Why? Simply because so much of a Boeing is made in the EU and so much of an Airbus is made in the US. Denying a market to either one of them would hurt jobs locally.
  Please do some elemental research before posting such silly comments. I've been working in the Aircraft Industry almost all the time since 1969 when I started out building B-727 Flight Simulators.
6. Re:Retaliate? by Anonymous Coward · 2012-12-27 08:55 · Score: 0
  
  I believe the easiest way that 95% would be able to improve the current system would be simply to state "not this", and it would be an improvement no matter what comes of it.
7. Re: Retaliate? by Anonymous Coward · 2012-12-28 07:46 · Score: 0
  
  Easyjet is all Airbus
  Rynair is all Boeing
So begins the patent war by Jetra · 2012-12-27 05:09 · Score: 1

FIR-*ahghakkk* Sorry about that, just had to kill the stupid side of myself. But subject says all.
1. Re:So begins the patent war by jackb_guppy · 2012-12-27 05:19 · Score: 1
  
  Sounds like the tittle of a new TLC or PBS program.
Separate section needed on Slashdot.. by jkrise · 2012-12-27 05:13 · Score: 1

patentwars.slashdot.org
or
idiotic-patents.slashdot.org
or
thermonuclear.slashdot.org
or
something else; too many articles these days about patents and such. Maybe Armageddon is at hand?

--
If you keep throwing chairs, one day you'll break windows....
1. Re:Separate section needed on Slashdot.. by The+Grim+Reefer · 2012-12-27 05:27 · Score: 1
  
  patentwars.slashdot.org or idiotic-patents.slashdot.org or thermonuclear.slashdot.org or something else; too many articles these days about patents and such. Maybe Armageddon is at hand?
  I've been thinking the same thing for several months now. There seem to be more stories about tech companies suing each other than anything else on /. anymore.
  Does anyone else remember when /. reported tech news and was not a tech patent lawsuit site?
2. Re:Separate section needed on Slashdot.. by jc42 · 2012-12-27 05:34 · Score: 2
  
  There seem to be more stories about tech companies suing each other than anything else on /. anymore.
  
  That's because, in the US, that's about the only new technical development that's happening. Anything actually productive has fled to parts of the world where such things are still legal. ;-)
  
  --
  Those who do study history are doomed to stand helplessly by while everyone else repeats it.
3. Re:Separate section needed on Slashdot.. by Anonymous Coward · 2012-12-27 10:36 · Score: 0
  
  something else; too many articles these days about patents and such. Maybe Armageddon is at hand?
  One can hope patent Armageddon is finally at hand and the system will be reformed.
4. Re:Separate section needed on Slashdot.. by Zontar+The+Mindless · 2012-12-27 11:30 · Score: 1
  
  Your wish is my command.
  
  --
  Il n'y a pas de Planet B.
5. Re:Separate section needed on Slashdot.. by tlhIngan · 2012-12-27 17:49 · Score: 1
  
  There seem to be more stories about tech companies suing each other than anything else on /. anymore.
  That's because, in the US, that's about the only new technical development that's happening. Anything actually productive has fled to parts of the world where such things are still legal. ;-)
  Or because most of the other news articles generally deteriorate into flame wars.
  Facebook announces something! Comments: Facebook sucks. It steals your information, blah blah blah.
  Google announces something! Comments: Google's tracking you. It steals your information. This is why the cloud sucks. Damn you for monetizing. blah blah blah. android rules.
  Apple announces something! Comments: blah blah walled garden blah blah walled garden blah blah android rules blah blah
  Microsoft announces something! blah blah monopolist blah blah windows 8 sucks blah blah window ssucks blah blah android rules blah blah linux rocks blah blah
  Small company announces breakthrough! Comments: not commercially ready, too expensive, NDAs, patents, blah blah blah
  New game reviewd! blah blah EA sucks blah blah Steam suchs blah blah DRM blah blah consoles suck blah blah PC mouse and keyboard blah blah.
  About the only thoughtful commentary happens in the patent lawsuit threads, like explanations of the rounded corners design patent (+grid of icons +dock). Though they start degenerating soon into "android rules, apple sucks blah blah blah samsung's awesome blah blah htc sucks blah blah motorola locked crap blah blah"
  Then again, the others do generate ad views...
My patent for "Doing Stuff with Things" . . . by PolygamousRanchKid+ · 2012-12-27 05:17 · Score: 2

That covers just about anything.
Even "Certain Wireless Communication Equipment and Articles Therein".

--
Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
1. Re:My patent for "Doing Stuff with Things" . . . by Intropy · 2012-12-27 06:56 · Score: 1
  
  Sorry, I hold the patent for doing stuff without things. Doing stuff with things is just doing stuff without things but with things. You are hereby directed to cease and desist all doings. You may license the technology for the fair and reasonable obligation of twelve years indentured servitude. In the event your location prohibits such servitude, you may relocate prior to licensing. Please note that relocating and licensing both constitute doing stuff and will incur penalties unless you have already licensed the technology.
2. Re:My patent for "Doing Stuff with Things" . . . by VortexCortex · 2012-12-27 07:26 · Score: 1
  
  My patent for "Doing Stuff with Things" that covers just about anything.
  Fortunately, according to bosses around the world, your patent doesn't apply to Slashdot commenters: "You're not doing anything! Get back to Work!"
queue the patent troll comments... by DevilM · 2012-12-27 05:25 · Score: -1, Troll

If you replace the word Samsung with Apple then it would be easy to predict the resulting comments. They would be called patent trolls and should be boycotted. Anyone using a phone from the company would be part of the problem and a fanboy.
Now let's see what happens when it is Samsung doing what Apple does. Or it excuse me, doing what any multinational company with a vast patent portfolio would do...
1. Re:queue the patent troll comments... by jkrise · 2012-12-27 05:31 · Score: 1
  
  Now let's see what happens when it is Samsung doing what Apple does.
  There's a small flaw in your point. Samsung is defending against a patent threat by Ericsson; Samsung has never been the patent aggressor against any competitor; it has always defended by counter-suing.
  Apple, on the other hand... have gone thermonuclear with no heed or regard to the consequences.
  
  --
  If you keep throwing chairs, one day you'll break windows....
2. Re:queue the patent troll comments... by Gr8Apes · 2012-12-27 07:55 · Score: 1
  
  There's a small flaw in your point. Samsung is defending against a patent threat by Ericsson; Samsung has never been the patent aggressor against any competitor; it has always defended by counter-suing.
  There's a small flaw in your point. Apple never copied anyone's phone design. They are defending themselves against a blatantly copied phone that's infringing upon their potential marketshare, like any responsible company should do.
  
  --
  The cesspool just got a check and balance.
3. Re:queue the patent troll comments... by Anonymous Coward · 2012-12-27 08:11 · Score: 0
  
  fan boi to the rescue!
4. Re:queue the patent troll comments... by Anonymous Coward · 2012-12-27 08:22 · Score: 0
  
  I like it how "blatantly copied" devices fool juries all around the world and Apple has to resort to stuff like "blatantly bounces when scrolled".
  I'm sure you didn't even know word "blatantly" until Apple started pushing it in their press-releases and I'm sure you still don't know it doesn't mean "has a passing chance to match a rather vague design patent, which even Apple devices don't follow"
5. Re:queue the patent troll comments... by NIK282000 · 2012-12-27 10:06 · Score: 1
  
  Apple invented the touch screen phone shaped like a rectangle with round corners? I'de like to direct your attention to the IBM Simon (1993), the Ericsson P800 or the OS XDA Flame. Oh, I'm sorry, I forgot that there were no phones or mp3 players before apple invented them.
  
  The whole patent systems needs a rework to bring it up to speed with today's technology. Asking that they get it ready for tomorrow's is wishful thinking at best.
  
  --
  Dear aunt, let's set so double the killer delete select all
6. Re:queue the patent troll comments... by Uberbah · 2012-12-28 00:30 · Score: 1
  
  Samsung has never been the patent aggressor against any competitor; it has always defended by counter-suing.
  Nevermind that Samsung and Apple were suing each other at the same time.
  
  Apple, on the other hand... have gone thermonuclear with no heed or regard to the consequences.
  Like getting their home country to pass protectionist trade laws, getting the Galaxy banned for two years in the United States? Oh wait, that was South Korea banning the iPhone.
  Haterz gotta hate.
7. Re:queue the patent troll comments... by Gr8Apes · 2012-12-30 12:44 · Score: 1
  
  The Simon looks like a brick with a monochrome LCD panel - probably nice, but low res, and not touch screen - it was 1993 after all. The P800 was a flip phone, with extremely limited functionality in comparison with an iphone or any modern smartphone. The OS XDA Flame came out after the announcement/demo of the iPhone. Regarding MP3 players, yes, there were MP3 players prior to Apple's ipod. Many, in fact. Now ask yourself why Apple took over the market with a higher priced device with a niche platform (recall the initial ipods were firewire - only common on macs) Thanks for playing.
  All that said, I fully agree with the statement on the patent system. It is broken. Does it need fixing? Or should it just abide by the original limitations? (Hint - you couldn't patent artistic designs, general ideas, physical or natural elements/laws, business processes, etc)
  
  --
  The cesspool just got a check and balance.
Incorrect summary... by jkrise · 2012-12-27 05:28 · Score: 1

The title of the complaint is Certain Wireless Communication Equipment and Articles Therein. That description would apply to dozens, no: hundreds, of patent lawsuits in the world. The complaint has not been published yet,
Wrong. The referenced site, fosspatents.com has this update, in a separate blog post:
Meanwhile I've been able to download a copy of Samsung's complaint and can provide more information on the patents-in-suit and the products and technologies at issue.
and then it goes on to list the 7 patents-in-suit that Samsung is asserting against Ericsson.

--
If you keep throwing chairs, one day you'll break windows....
1. Re:Incorrect summary... by Jetra · 2012-12-27 05:38 · Score: 1
  
  That would explain why my phone died last night (It's a sony ericsson XP)
I wouldn't want to mess with Samsung by BLToday · 2012-12-27 05:40 · Score: 2

Samsung Techwin makes the K9 Thunder self-propelled howitzer.
It's Christmas time !!! by Alain+Williams · 2012-12-27 05:47 · Score: 1

Like everyone else lawyers need to get something nice at this time of year. What better than to initiate some nice expensive legal action! With a bit of luck it will keep them going until Santa comes again.
He who is without patent can throw the first by 3seas · 2012-12-27 05:51 · Score: 1

..... lawsuite
1. Re:He who is without patent can throw the first by VortexCortex · 2012-12-27 07:29 · Score: 2
  
  actually, they can't.
Ericsson is part of the Rockstar Patent Consortium by Anonymous Coward · 2012-12-27 06:30 · Score: 0

For those following at home, Apple and Microsoft are the "leading members" of this patent pool and Ericsson is nothing more than a usueful pawn.
Re:Ericsson is part of the Rockstar Patent Consort by Anonymous Coward · 2012-12-27 06:36 · Score: 0

Oh look an expert. Except these Ericsson patents are owned by Ericsson and not Rockstar. Totally separate
Does not compute... by doku_hebi_ryu · 2012-12-27 06:58 · Score: 0

I... can't... brain shutting down... Patent lawsuit on Slashdot... must blame Apple... Apple not involved... does not compute... EXTERMINATE! EXTERMINATE!
Ericsson's revenue by little1973 · 2012-12-27 07:16 · Score: 1

http://topnews.us/content/251574-ericsson-lay-1500-employees-sweden
No wonder Ericsson desperately wants money.

--
Government cannot make man richer, but it can make him poorer. - Ludwig von Mises
Re:Ericsson is part of the Rockstar Patent Consort by thaylin · 2012-12-27 07:24 · Score: 1

That does not make it "totally separate" Corporate partners tend to work together to do things, such as go after their competitors.

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When you cant win, ad hominem.
The description is irrelevant by Theaetetus · 2012-12-27 07:34 · Score: 1

The title of the complaint is Certain Wireless Communication Equipment and Articles Therein. That description would apply to dozens, no: hundreds, of patent lawsuits in the world.
"The title of the complaint is 'State v. Jones'. That description would apply to dozens, no: hundreds, of criminal actions in the world."
Similar concept. The title is irrelevant, Subby. It simply identifies the general subject matter as a way of checking to see if you've got the right suit, because if you have a single digit typo in your case number, you might get "Balloon Dissection Devices" or "Olive Oil" or "Ground Fault Interrupters and Products". I'm not sure whether this was an attempt to spread FUD or simple ignorance, but either way, stop it.
Right up there with Apple by slashmydots · 2012-12-27 09:15 · Score: 1

This is definitely right up there with Apple suing Samsung when Samsung makes their screens and leases them patents. Obviously backlash was coming! You know what they always say: Those in glass houses shouldn't throw cell phones.
Ericsson, ehh? by Anonymous Coward · 2012-12-27 11:46 · Score: 0

I didn't know that Ericsson still made phones. I can't remember seeing one in ages, and who would want one? I don't know if I've ever known anyone to have an Ericsson phone, come to think of it.
1: "Hey, I got a new cell phone for Christmas."
2: "Oh, what did you get?!"
1: "An Ericsson model X!"
2: "Oh. That's....... nice..."
Then again, when Nokia partnered with Microsoft, I didn't know they still made phones either. I imagine 9gag is keeping them afloat, and the four people on the planet that are still delusional about Windows Mobile.
1. Re:Ericsson, ehh? by dido · 2012-12-27 16:56 · Score: 1
  
  Well, while it's true that Ericsson no longer makes mobile phones, that was actually a far more recent development than you seem to believe. Up until early 2012 Ericsson still made mobile phones, in joint partnership with Sony, under the Sony-Ericsson brand. They made some pretty neat smartphones as well: you might have heard of the Sony-Ericsson Xperia line of Android phones. In February 2012, Ericsson sold all their shares in SE to Sony, and the former Sony-Ericsson Mobile Communications is now just Sony Mobile Communications. Ericsson, however, even after this, is the world's largest manufacturer of mobile telecommunications equipment (38% global marketshare). That's the real battleground for them, as it seems Samsung is edging into this space as well.
  
  --
  Qu'on me donne six lignes écrites de la main du plus honnête homme, j'y trouverai de quoi le faire pendre.
The Complaint is Available by speedplane · 2012-12-27 14:04 · Score: 1

You can view the Complaint and all of the exhibits here:
https://www.docketalarm.com/cases/International_Trade_Commission/337-2926/Certain_Wireless_Communication_Equipment_and_Articles_Therein/499826/1/

Disclosure: this is my site.

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Fast Federal Court and I.T.C. updates