Samsung Really Is Suing Apple Over LTE Patents

Just when you thought the whole "let's take each other to court" thing was fading out in the tech world, Samsung confirmed that it plans to sue Apple over eight patents relating to its implementation of LTE tech in the iPhone.

Unearthed by Foss Patents, the relevant passage from a case management filing in which Samsung divulges this info is as follows:

"Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product. On September 12, 2012, Apple announced that it will release the iPhone 5 on September 21, 2012. Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models. Samsung plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyse the device. Because Samsung believes the accused functionality of the iPhone 5 will be similar to the accused functionality of other accused Apple products, Samsung does not believe that amendment of its infringement contentions should affect the case schedule."

While it's possible that this will never go to court (and hopefully we're spared that spectacle again), it is a possibility for Samsung to request a temporary injunction against the iPhone 5, which would mean that it would be off store shelves until some sort of agreement is reached. Given the popularity of the iPhone, such an outcome could be catastrophic for Apple. But that's still just a faint possibility given the fact that Samsung still needs to file a formal complaint.


Comments

    Hopefully with this and the Motorola ITC complaint Apple suffers a big enough loss that they get discourage from further patent abuse. I think it would be a win for both Android and iOS users if this anti-competitive software patent crap went away (both sides can learn from each other). For me the new iPhone 5 is great hardware and design and the app support is top notch but the O/s has been stagnant for so long. iOS would a tempting proposition (for me) if they added share intents (instead of now we have decided you can share to Facebook), an app draw and Widgets.

      dont care if samsung wins or not
      just get the iphone 5 off the shelf for a few weeks, then i can short apple stock and watch fanboys cry.
      short but sweet victory

        I'm a fanboi but don't own any Apple stock. Not gonna cry, sorry.

    Patient abuse ?? Pfff. Devil is in the detail. Samsung and apple both need to be sent to the naughty corner for a time out. This specific effort bu Samsing relates to the US market only. And they are based patent technicalities.

      Try doing some research. Samsung has been suing Apple over its 3G and 4G patents all around the world for a couple of years now.

    If its justifiable that Apple uses over rounded corners then Samsung must sue in this case.

    You little girl samsung... Seriously, they're standard essential patents - Not design patents. Not a chance this will fly...

      did you meant to put a /s there? i really hope so

        Uh no they are not standard essential patents.

          You can't implement standards compliant LTE without them, so yeah, they are. Covered by a FRAND licensing regime? Maybe not.

      Who are you Judge Koh?

      Exactly. I wonder if Samsung would have done this if they didn't get their ass handed to them. Sounds like a case of you sue me so I'll sue you. And that smells like bs rather than a legitimate action to protect intellectual property.

        wait so standard essential patent, that everyone says you must use and Samsung has to licence to everyone. But that apple will not/has not licensed off Samsung is crap but sueing over rounded corners is a fair patent. The coolaid must be really nice

        You didn't read the article did you Joe? Samsung has already filed the lawsuit against Apple before the iPhone was released. I heard about this before all the stories about apple suing Samsung for the icons on the screen. Apple has used hardware and software designed and patented by Samsung to use both 3G and LTE networks around the world without paying. Apples abuse is ten times worse than Samsungs. Samsung designed icons that are "similar" to Apples products. Apple blatantly stole Samsungs proprietary designs and used them in its own products.

        You seem to have things the wrong way around. Developing this tech really did take work and millions of dollars, this is a different things from aesthetics.

      Gee, haven't seen that happen anywhere before.

      They are just responding to one frivolous lawsuit with one of their own...

        As Oz said -

        "Developing this tech really did take work and millions of dollars, this is a different things from aesthetics."

      I hope you're joking. LTE is standard essential? Since when? Why can't Apple use WiMax or HSPA+ instead? Why do they have to steal LTE from Samsung and HTC and other notable tech pioneers?

    This comment has been deemed inappropriate and has been deleted.

    Sounds like there are plenty of people in the legal firms representing Apple and Samsumg that earn a pretty penny by all these patent law suits. Doubt they will go away anytime soon.

    @ Court - " You little girl samsung… Seriously, they’re standard essential patents – Not design patents. Not a chance this will fly… "

    Think you need to get your facts straight before posting. These patents are NOT standard essentials. For one thing 4G LTE has not been around long enough and not every phone manufacturer has them or indeed not every country/market even supports them yet, so Samsung have a very, very good chance of getting Apple on this and quite rightly so. And HTC are doing the same thing as well and this is all Apple's own fault. And why is Samsing a little girl when it was Apple who started it all off. If your Apple is so great, how come they have just released a mapping package on their new iOS6 which is a total disaster?.....We have had Antennae-gate, cracked screen-gate, cant replace my dead battery-gate and now Apple map-gate...yeah a really top notch company isn't it.

      People really need to learn what "Standard essential" means. LTE is a published standard, or set of standards. Samsung's patents are essential to implement that standard. You cannot implement that standard without using that technology. You don't have to license a standard essential patent, but all the other standard essential patent holders (Samsung holds about 9% of the essential patents) might hit back. Samsung may already have licenses to Apple's LTE patents, or enough of them, because Apple acquired them as part of takeovers.

        Correction, you don't have to license them, unless you have entered into an agreement with all the other patent holders to do so as part of creating the standard. There is no law forcing you to share standards essential patents.

    Lets face it, the patent system is broken and thoroughly abused. The patents office needs a kick in the rear for some of the things they have allowed to be patented.
    Fix the patent system and make Apple and all other corporations compete with products not laywers.

      This. This so much. The patent system has the exact opposite effect of what it was meant to have. It stifles innovation.

    You would think that Apple would have tried to stop It at launch if it could :/

    just another scamscum PR campaign that will backfire *yet again*

      Samscum? Really?

        It's Bill Gates man, he can say what he wants.

      This one is much more popular than Apple's rectangle with rounded edges lawsuit.

      This comment has been deemed inappropriate and has been deleted.

    So Samsung...... "expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models"... meaning,they don't know if it actually infringes, but they think it will, like previous iPhone models (none of which have LTE capability) ummmmmmm oooooo kkkkkkkk

    I'll stick with my HTC One XL thanks.

    If Apple can sue for rounded bloody corners on a device (and I've used a lot of freaking devices with rounded corners waaay before the iPhone came out), then anything goes.

    Is it me or is all this BS about Apple suing Samsung and vice versa is starting to become really old, in fact the whole Apple vs Android is starting to become really old.

    The thing i dont understand is why people think Samsung are a lesser of two evils, both companies are now relying on low blows and dirty tricks to sway other people to their devices, how can i root for one team when both sides are dicks to an equal degree?

      Personally I think every company involved in smartphone production is pretty evil. The reason I think Samsung is the lesser of two evils is because they aren't at the same time as being a huge player in the smartphone industry, a huge player in the computing industry. Apple, on the other hand, are.

      I don't hate Apple's handheld devices. I do however, hate their computer OS and I cannot stand the idea that one day there could be no more Windows and only OSX. I have to deal with their terrible OS and shitty hardware every day of my life because every technologically inept person in charge of choosing what computers to use at workplaces, universities and schools goes with a Mac, and they are simply the worst computer on the market and I hate to see Apple succeed, because the more they succeed, the more inflated their ego gets, and they'll take the advantage their advertising gets them and sell more shitty computers. And the retarded masses will buy them, because they are the retarded masses.

        As a MAC admin, I would say the exact opposite of everything you just said, I managed enterprise wide Microsoft environments for the Feds, and the BS of security and group policy garbage is soooo much effor for so little work, yes OS/x and OS/x server aren't as powerful as M/S and Linux systems, but for ease of administration,OS/x is about 90% less over head, assuming of course, y ou actually know how to manage a MAC network, which you may not if you panties are twisted up this tight.

          Oh and how many computers are on this supposed network that you supposedly admin? Does this count your mom's computer?

      Sounds like you need to eat some Windows Mobile 8 for breakfast Luke....

        I'm not talking about Windows Mobile, i'm talking about all the BS that is going on between Apple and Samsung at the moment.

        I wouldn't be surprised if Samsung and Apple are tag teaming lawsuits for the free advertising it produces from these sorts of articles, think about it.

        Also i am going to post this. http://cheezburger.com/6591590912

          Or this if that stupid failblog link doesnt work.

          http://i.imgur.com/bzRjG.jpg

      How can you root for one team? Well, Samsung phones you root, where as iPhones, you break out of jail.

    Sounds just like politics eh

    Apple Sues for Style, and to establish royalties
    Samsung Sues for substance and un-paid royalties

    People all seam to forget that all the other phone manufactures share and swap patients, Apple wanted no part in this and thus the war started.

    I like to think Apple as the child that got the new toys and never shared and now the other children have better toys crys in the corner cause no one will play with them.

      Its only a matter of time when all the major hardware suppliers draw a line in the sand and tell Apple to GTFO. Lets see how they go when they have 3rd rate screens and 5 year old NAND technology driving 1ghz A8 CPU's.

      The iPhone is only as good as the parts that go into it. Apple have milked iOS for all its worth spending minimal $$ on its development and now, baking half assed mapping software....

      If you go back and research early court filings, I think you"ll find Apple tried to get Samsung to pay royalties and licensing fees at the beginning, but Samsung refused and subsequently lost big time in court at their own expense

        Yeah for a totally unreasonable $30 per phone and $40 per tablet

    How about both are legitimate cases and there isn't a winner here, just two companies that are trying to flex their industry positions to get the best deal possible? It's a simple tug of war.

      I think the point is that if Apple wasn't so insistant on sueing the opposition out of existance to gain market share, there would be no court cases.

    Apple and Samsung really just need to have a drunken hateroot and get it all out of their respective systems.

    I hope apple gets sued and continues to get sued to the point of bankrupt. Then die.

    I wish samsung would just stick to making new TVS and leave apple to make amzing phones :)

    Who cares if they want to sue each other let them. At the end of the day as long as i get the product i want they can waste money on suing one another

      But as a consumer, you absorb the cost of these court cases, as well as through the forced licensing of the outcomes of these cases.

    Samsung have been motivated to enforce their patents. It was bound to happen with such a devastating legal attack from Apple. I think Apple should never have opened the gates. Since their resurgence Apple have innovated, perfected and polished right past the competition. Now they are becoming even more important, and it seems they have a lot of interests to protect. They should be running ahead, but they are looking back. This signals to me that the momentum is lost, and the focus is shifting from innovation to protection of a market position. The iPod and iPhone actually changed the markets. Does Apple seem likely to do that again any time soon? Or will we see more incremental upgrades and less risk taking?

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