Apple and Samsung are like two little kids right now. What's next? They will be suing because both of their phones are black or white.
That's what Samsung want you to think - that they and Apple are just as bad as each other.
The reality is very far from that. If you look in to the detail of the lawsuits, you'll see that Samsung is trying to break irrevocable pledges they made when their patents were made part of the phone standards.
Patents that are part of a standard are given a monopoly: nobody can make a phone without that patent, because they won't be able to meet the specifications. Companies that pledge their patents as part of a standard must make a pledge to license them to anybody (especially their competitors) at the same rate (so they can't charge their competitors more). It's called a FRAND pledge:
- Fair: You cannot abuse the monopoly position of those patents for extortionate terms
- Reasonable: As above.
- Non-Discriminatory: You cannot charge some companies more than others, or deny any company a license. There must be a fixed rate for
anybody to license these patents, and those rates must be fair.
If they don't make those pledges, or don't stick to them, they've just been gifted a monopoly and their behaviour would classify as that of a cartel. It would be totally unworkable and absolutely illegal.
But that's exactly what Samsung are trying to do.
Apple, on the other hand, hasn't sought injunctions over any patents that are part of any standard. They've only been suing over their proprietary user-interface patents.
That's why Apple are winning decisions against Samsung, but Samsung haven't won anything against Apple yet. They've brought cases against Apple all over the world, and they've all been thrown out for the reasons I explained above.
Apple's purchase of Nortel's patents apparently included lots of patents declared essential to LTE. They wouldn't go Samsung's route and start suing over them, though - it's prompted antitrust investigations against Samsung and Motorola (who are following the same conduct) both in the US and EU. Apple is not under investigation.
So far, Samsung have not proven that Apple copied any of their technology, whereas Apple has proven the inverse is true. Samsung's PR statements sound bold, but their court documents show that the only Samsung patents Apple allegedly uses in their phones are the ones that are essential to telecommunications standards (and have been pledged FRAND).