“What Samsung needs are enforceable injunctions over impactful non-standard-essential patents. Thus far, Samsung hasn’t won any injunction of that kind,” Mueller writes. “It previously relied largely on standard-essential patents (SEPs), and a Korea Times report published on Friday suggests that Samsung is once again contemplating a multijurisdictional push for preliminary injunctions against a new iPhone (or iPad 4G): ‘Samsung confirmed that it will immediately sue Apple if the latter releases products using advanced long-term evolution (LTE) mobile technology.’”
Mueller writes, “It tried this trick last year with 3G patent assertions against the iPhone 4S, with a hit rate of zero. I would strongly discourage Samsung from trying to use 4G/LTE-essential patents to shut down the iPhone 5. It won’t improve Samsung’s position. It will only make things worse, especially with antitrust regulators. In my view, the reasonable approach for Samsung would be to sue for FRAND royalties over its SEPs, not injunctions.”
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