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Apple's Chief Patent Litigator Profiled as Samsung Threatens Lawsuits over iPhone 5

Good I hope Samsung gets every dollar back.

It would be good for apple to get knocked down a notch or two. Can't win forever.
 
Just curious, but doesn't Apple own LTE patents from the Nortel auction? Would that not allow Apple to put the suit at a standstill because they'd both be violating?
 
DeathChill said:
Just curious, but doesn't Apple own LTE patents from the Nortel auction? Would that not allow Apple to put the suit at a standstill because they'd both be violating?
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Well the report I posted about HTC states they brought patents that Apple was already in breach off. So no. It does not hold all the patents. And HTC could potentially request a ban on the iPhone 5 in the US. I think this is going to be a developing story if Apple is taken on by two Korean giants.

Just so long as they let me get an iPhone 5 first though haha. Although the Lumia 920 is rather nice, if a bit big.
 
DeathChill said:
Just curious, but doesn't Apple own LTE patents from the Nortel auction? Would that not allow Apple to put the suit at a standstill because they'd both be violating?
Click to expand...

LTE patents are not like collectible trading cards, we have to first see who infringes which patent, and since apparently Samsung holds some key patents they think Apple is likely to infringe them.
 
I love apple products. Even plan on getting the Iphone 5. But Apple has this coming, surely they did not expect Samsung to just lay there defeated.

LTE is a standard. I wonder if samsung will argue that their particular brand (?) of LTE (which i lack depth in) sets it apart or that right now, 3G is the standard and LTE is not the standard yet. Dont know, thats what makes it so interesting!

The way I see it, is if the chip maker is responsible, then Apple will have to move to another chip, not an easy feat.

Companies go after certain companies all the time. Maybe Apple will win this, maybe lose, but to see some of you guys cry over Apple get sued really makes me feel uneasy. You can't really have that strong of a bond with Apple can you?
 
Oletros said:
Perhaps the one that have to keep up is you. Now you can search how all it ended because you know that suing it is not the same as winning the trial don't you?
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My point wasn't Nokia anyway. They were just one of the many handset makers so I used their name for the class of businesses. The fact that Nokia went after Apple in the suit and Apple countersued for its own technology is just acknowledging that the sand-throwing on the playground isn't all coming from Apple.

My point was simply that the big players in the handset industry were essentially stalled in their innovation... until the iPhone. Suddenly, everyone had touch screens and features similar to Apple's innovations. Apple is right to protect what it pioneered when the others couldn't seem to get there without someone showing them what was possible.
 
bbeagle said:
Correct.

Apple's LTE phone is not even announced yet, while other phones have had LTE in them for over a year, and have not been targeted by Samsung.
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Making example of the biggest offender is a strategy Apple used, which is why they singled out Samsung.
 
I'd like to see Samsung awarded whatever Apple won from the previous lawsuit. Then immediately after, I'd like to see judges start telling the phone manufacturers to go away when they start getting sue happy and blocking the import of devices.
 
iEvolution said:
No valid case? Its not ANY less valid than the Apple lawsuit they just won with Samsung except Samsung would be doing it in a timely manner whereas Apple waited what 5 yrs to sue? You know after the company profited so they can rack in more money.

I don't like Samsung, they make crappy plastic devices (Ive owned 3 Samsung phones and all three of them ended up with something wrong with them)and the company thinks their devices are worth the same as Apple's products.

The fact is if Apple can bring ridiculous lawsuits, so can Samsung.
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Apple's lawsuits weren't ridiculous, they played by the rules. Whether or not the rules are ridiculous doesn't hold up in court. Here is the difference:

Apple owned the patents of which Samsung knowingly infringed upon. Samsung is the designer and producer of the product (the overall design and UI) which infringed upon Apple's patents.

Apple does NOT design NOR produce LTE wireless radios. If Samsung has issues with the iPhone using LTE wireless radios, they should be going after the designers and manufacturers of the LTE wireless radios. Which, they won't, because if Apple is determined to be at fault for encroaching on Samsung IP, then so are EVERY other mobile phone maker (who, aren't paying licenses right now).

Samsung has likely already licensed their patents for LTE technology to the wireless radio manufacturers, whose chips are also in other phones. Samsung cannot interfere as the middle man and make a statement as to where their licensed technology can end up. Plus, that is piss poor business because they would just decrease their royalties ... because they are kicking and screaming as they lost to Apple in the public spotlight? Grow up. No wonder their stock plunged, the heads of their company are asshats.

Samsung's case will be viewed as retribution, especially since this arises as a result of their embarrassment and loss in trial against Apple. If the judge rules in Samsung's favor, then other mobile phone manufacturers will be screwed as well.

Samsung is being immature, petty, and not playing by the rules. Right or wrong ethically, Apple is playing by the rules established by the government. Samsung has no case here.
 
pgyanke said:
My point wasn't Nokia anyway. They were just one of the many handset makers so I used their name for the class of businesses. The fact that Nokia went after Apple in the suit and Apple countersued for its own technology is just acknowledging that the sand-throwing on the playground isn't all coming from Apple.

My point was simply that the big players in the handset industry were essentially stalled in their innovation... until the iPhone. Suddenly, everyone had touch screens and features similar to Apple's innovations. Apple is right to protect what it pioneered when the others couldn't seem to get there without someone showing them what was possible.
Click to expand...

Except Apple wasn't the first touch screen phone
 
Dwalls90 said:
Apple doesn't design the wireless chips. The fault doesn't fall onto them, but the manufacturer of the LTE chips.

As already said, Samsung should go after the LTE CHIP manufacturer.

Samsung is just pissed off and seeking retribution, and has no valid case, with Apple at least. They should be going after the chip manufacturers and impose their issues or licensing fees with them.

They lost once, and they will get served again.
Click to expand...

But Apple has lost against Samsung in the past too. Therefore Apples last lawsuit counts as retribution too.
 
PracticalMac said:
LTE owned by Samsung??

Wiki does not mention Samsung involvement with LTE
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Samsung holds 819 LTE patents vs the 434 of apple + a significant share of Samsung’s patent portfolio is related to the core technology that powers both 4G platforms and is likely to be the foundation upon which future Fifth-Generation (5G) platforms will be based.
 
Dwalls90 said:
Apple's lawsuits weren't ridiculous, they played by the rules. Whether or not the rules are ridiculous doesn't hold up in court. Here is the difference:

Apple owned the patents of which Samsung knowingly infringed upon. Samsung is the designer and producer of the product (the overall design and UI) which infringed upon Apple's patents.

Apple does NOT design NOR produce LTE wireless radios. If Samsung has issues with the iPhone using LTE wireless radios, they should be going after the designers and manufacturers of the LTE wireless radios. Which, they won't, because if Apple is determined to be at fault for encroaching on Samsung IP, then so are EVERY other mobile phone maker (who, aren't paying licenses).

Samsung's case will be viewed as retribution, especially since this arises as a result of their embarrassment and loss in trial against Apple. If the judge rules in Samsung's favor, then other mobile phone manufacturers will be screwed as well.

Samsung is being immature, petty, and not playing by the rules. Right or wrong ethically, Apple is playing by the rules established by the government. Samsung has no case here.
Click to expand...

Samsung is playing the same game - whether you happen to like or agree with it that Apple is. There's no difference. And the blame ultimately doesn't go to either party. The blame goes to the broken patent system.
 
apolloa said:
Well the report I posted about HTC states they brought patents that Apple was already in breach off. So no. It does not hold all the patents. And HTC could potentially request a ban on the iPhone 5 in the US. I think this is going to be a developing story if Apple is taken on by two Korean giants.

Just so long as they let me get an iPhone 5 first though haha. Although the Lumia 920 is rather nice, if a bit big.
Click to expand...

1 korean giant and the other is taiwanese.
 
ahireasu said:
Samsung holds 819 LTE patents vs the 434 of apple + a significant share of Samsung’s patent portfolio is related to the core technology that powers both 4G platforms and is likely to be the foundation upon which future Fifth-Generation (5G) platforms will be based.
Click to expand...

All it takes is one valid patent. # of patents doesn't matter. I'm not arguing with your point (or defending others). Just pointing out that quantity of patents really doesn't amount to much other than you (may) have more of a chance on someone infringing on one of them.
 
Dwalls90 said:
Apple's lawsuits weren't ridiculous, they played by the rules. Whether or not the rules are ridiculous doesn't hold up in court. Here is the difference:

Apple owned the patents of which Samsung knowingly infringed upon. Samsung is the designer and producer of the product (the overall design and UI) which infringed upon Apple's patents.

Apple does NOT design NOR produce LTE wireless radios. If Samsung has issues with the iPhone using LTE wireless radios, they should be going after the designers and manufacturers of the LTE wireless radios. Which, they won't, because if Apple is determined to be at fault for encroaching on Samsung IP, then so are EVERY other mobile phone maker (who, aren't paying licenses right now).
Click to expand...

Perhaps if you have told that to Apple they wouldn't settled with Nokia when they accused Apple of infringing 3G patents.
 
TMay said:
You are aware that Apple notified and negotiated with Samsung with regard to the IP infringement prior to the lawsuit as far back as 2010.
Click to expand...

So did Motorola with Apple regarding 3G. Remember how that went? ;)
 
samcraig said:
I guess the question then becomes - at what point does LTE become a requirement. Meaning - just because one carrier in the world requires it - does that mean it is a standard?
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You're confusing an essential standard with standard essential patents. FRAND has nothing to do with a standard being essential or optional to implement. FRAND are usually terms required of patent holders who wish to submit technology for incorporation into a standard managed by an industry body. LTE is such a standard, governed by the 3GPP. Samsung, Nortel, Motorola and others have all submitted technology that is under patent to make this standard a reality, but as such, have agreed to license the patents under FRAND terms.

Even if LTE were not to end up being usuable or implementable or "required", anyone wanting to use the 3GPP's LTE standard would be allowed to license the patents from the different holders under FRAND terms because of their agreement with the 3GPP.

Now, FRAND does not mean FREE though, and so if your device implements these patented methods, you will need a license, under the FRAND terms, with the holders or the patent pool manager. Otherwise, your device is still in infringement and you could face sanctions ranging from damages to injunctions placed on the sale of your device. FRAND also does not mean equal. It means Fair, Reasonnable and non discriminitory. It is not unfair to ask someone to pay more if they have no cross-licensing agreement vs someone who does give back patent licenses in exchange.

So the question never was whether LTE is a "requirement" or not by carriers, that doesn't even begin to matter in the equation. What matters is 2 fold :

- Are Apple's devices infringing on the patent ?
- Does Apple hold a license, whether through their radio vendors or through a negotiated deal with the patent holders ?

Dwalls90 said:
Apple's lawsuits weren't ridiculous, they played by the rules. Whether or not the rules are ridiculous doesn't hold up in court.
Click to expand...

Apple may have played by the rules, but it would seem the jury did not :

http://www.groklaw.net/article.php?story=20120908144706110

Anyway, until appeals are done and we know if the jury's foreman actions were justified or not, we won't have closure in the Apple v. Samsung case.
 
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