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Samsung, HTC Attempt iPhone 5 Ban Using LTE Patents

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.

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Tuan Mai is a Los Angeles based writer and marketing manager working within the PC Hardware industry. He has written for Tom's Guide since 2010, with a special interest in the weird and quirky.