Print 26 comment(s) - last by TechCrew.. on Oct 29 at 3:20 PM

South Korean phonemaker complains that Apple "flagrantly" stole its intellectual property

In Paris, France and Milan, Italy today, South Korean electronics giant Samsung Electronics Comp., Ltd. (SEO 005930) will open a new chapter in its legal war [1][2][3][4] [5][6][7] with Apple, Inc. (AAPL).  As promised, the company will file suit looking to block sales of Apple's new iPhone 4S.

Samsung comments:

The infringed technology is essential to the reliable functioning of telecom networks and devices and Samsung believes that Apple’s violation as being too severe and that the iPhone 4S should be barred from sales.

Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology. We believe it is now necessary to take legal action to protect our innovation.

Specifically, Samsung accuses Apple of two new patent infringements on Wideband Code Division Multiple Access (WCDMA) standards for 3G mobile handsets.  W-CDMA is a 3G technology that competes globally with CDMA2000.  Some countries heavily use this standard, so Apple's new "global" iPhone is capable of picking up signal from a variety of kinds of networks.

By asking for a preliminary injunction, Samsung is asserting that it believes its evidence of infringement is compelling enough to ban sales while the case goes to trial.  This would be a major blow to Apple, who is counting on the iPhone 4S to be a revenue driver.

iPhone 4siPhone 4s

Samsung adds that it "plans to file preliminary injunctions in other countries after further review."

Elsewhere, Samsung recently received bad news, as well.  Its proposal to reallow sales in exchange for a speedy trial was rejected by Apple, leaving its tablets still stalled in Australia, pending an official court ruling on the preliminary injunction Apple is requesting in that region.

The pending trade disputes in France and Italy bring the international lawsuit/trade court complaint total for the two firms up to at least 25 lawsuits in 12 different countries.

Apple and Samsung are currently number one and number two, respectively, in global smartphone and in global tablet sales.  While Apple currently holds the lead, Samsung last quarter posted over three times the growth of Apple, making it the world's fastest growing smartphone company.  

A reader submitted this humorous comic to us on the topic: "Rage Comic #14795"

Source: Samsung

Comments     Threshold


By cjohnson2136 on 10/5/2011 10:29:34 AM , Rating: 2
But every court is different. There are different laws that govern contracts. It is not a cookie cutter thing.

By Phynaz on 10/5/2011 10:35:36 AM , Rating: 2
You have no idea what a standards body is, do you?

By kittypuncher on 10/5/2011 10:45:55 AM , Rating: 2
But apparently you don't realize any standards body is subject to local law/interpretation...

By Phynaz on 10/5/2011 11:03:38 AM , Rating: 2
Apparently you don't realize standards bodies are international.

"ITU (International Telecommunication Union) is the United Nations specialized agency for information and communication technologies – ICTs.
We allocate global radio spectrum and satellite orbits, develop the technical standards that ensure networks and technologies seamlessly interconnect....ITU currently has a membership of 193 countries and over 700 private-sector entities and academic institutions. ITU is headquartered in Geneva, Switzerland, and has twelve regional and area offices around the world."

Let's see a judge in France take on the UN. That will be hilarious.

By cjohnson2136 on 10/5/2011 11:07:29 AM , Rating: 2
Except courts are all based on interpretation. If no precedent is set they can interrupt how they would like. So this could go either way.

By Phynaz on 10/5/2011 11:11:43 AM , Rating: 2
People crack me up.

The ITU has been in existence since 1865. You think there hasn't been precedence set in the last century and a half?

By drycrust3 on 10/5/2011 8:11:30 PM , Rating: 2
Let's see a judge in France take on the UN.

You obviously don't understand that what the ITU puts out are RECOMMENDATIONS, not LAWS, e.g. CCITT RECOMMENDATIONS. That means a country doesn't need to adhere to them. For example, the basic PCM system in the USA is a 24 channel system, but the CCITT recommendation is a 30 channel system be used.
The issue of a judge in France taking on the ITU would never arise because the ITU puts out recommendations, so phone companies in France can choose or not choose to adhere to them. For example, if a phone company there decided they didn't like paying foreign licence fees they could build their own entire network that avoided foreign licence fees and patents, but then they would find there were other problems, like having to design and build every aspect of their network to suit their own independent standards, or the fact their network has to connect to competitors networks which are built to ITU recommendations.

By kittypuncher on 10/6/2011 3:43:57 AM , Rating: 2
I've already replied, therefore you get my +1 in text form. :)

