Samsung, HTC Attempt iPhone 5 Ban Using LTE Patents
HTC files a patent infringement suit against Apple for its LTE-capable iPhone 5, and Samsung may soon follow.
Although Apple scored a massive win against Samsung to the tune of a billion dollars last month, the war is far from won. The company has just released its iPhone 5, and rumors state that Samsung has it in its crosshairs.
The Galaxy S III may be a potent competitor to Apple's new iPhone, but an industry source reports the company may be looking to score some pay back.
“Samsung Electronics has decided to take immediate legal action against the Cupertino-based Apple," the source told Korea Times. "Countries in Europe and even the United States ― Apple’s home-turf ― are our primary targets.”
Although the LTE capability of Apple's new iPhone is finally a blessing for its customers, a number of different Android OEMs brought it out first. No lawsuit has been filed just yet, but the source says Samsung will sue based on a number of LTE patents.
Samsung may have established itself as Apple's biggest enemy when it comes to courtroom warfare, but Taiwan-based HTC may prove to be an even bigger thorn in Apple's side. Since the launch of the HTC Thunderbolt on Verizon's LTE network, the company has been at the forefront of the LTE network, supplying LTE-capable devices for all major wireless networks.
Now, after filing an infringement suit against Apple based on a number of LTE patents, HTC could be in for a big win. Presiding Judge Thomas Pender recently told Apple, "Clear and convincing means something to me; I have to be pretty darn certain a US patent is invalid.”
Apple's iPhone hasn't had any LTE capability until now, but the company has already gathered 434 LTE patents of their own. Despite this, all Samsung or HTC needs is for a court to find Apple has infringed on one of their valid patents in order to have an injunction against the iPhone 5. Although it's unlikely either company will succeed before Apple racks up a majority of its sales, a court ordered injunction could result in a ban of iPhone 5 sales.
just how many frikin patents are involved with LTE tech?!
just how many frikin patents are involved with LTE tech?!
*sigh*
First I'm not big on the system as a whole. But I don't think companies should be able to use "standards" and FRAND patents as a means of extortion and that is what I get out of this.
Second I hate that any company, Apple included, can piggy back off of those said patents and amass a huge market share a a fortune off said patents before anything can be done. A prime example is them using Motorola, Samsung, HTC ect patents to build their device, bring it to market and then say hey we aren't paying royalties.
Now saying that, at least in the case of Motorola it sounded like they tried to reach terms under a FRAND agreement. But they didn't like those terms. In the case here it sounds like they are blatantly ripping off the other companies by not even trying to license the tech under FRAND terms. That to me should be grounds in and of itself for an injunction.
Apple has 434 and Samsung has 819. HTC probably has a few hundred, and the other players may have a few hundred as well. Let's round it off and say there are probably close to 2,000 patents related to LTE.
...spoken like a true iSheep.
Yep, that is exactly what Apple needs ! :-)
The other players as you so off-handedly refer to are in fact the main drivers of the LTE technology in the first place. Namely first and foremost Nokia who hold by far the largest percentage of the over 3600 total LTE patents, but Motorola (now controlled by Google), Qualcomm and InterDigital holds large stakes in the pool of essential LTE patents. Samsung and HTC holds mainly non-essential patents but some essential patents for the technology. Apple does not hold any essential patents themselves.
The titans of LTE are LG, Qualcomm, Motorola, Samsung. Everyone else has 5% or less. Royalties must be paid to use LTE as the network continues to expand having been accepted as the new standard in 4G communication. It is not surprising then that HTC has filed a suit against Apple for infrining on LTE and may likely win a ban against the iPhone 5 nor that Samsung will seek the same since Apple has gone after the Galaxy S3. What goes around comes around.
Of course the providers are not going to want any kind of injunction on any phone. They make their money selling phone, but the simple fact is that they have no say in the matter. They are not the ones who hold the patents that are being infringed.
I hate these petty lawsuit wars, but I will be interested to see what Apple gets nailed for infringing. I wonder if it will be something as petty as "rounded corners on a phone."