Samsung claims Apple ‘structurally’ infringes its 3G patents

“Apple Inc. has infringed upon Samsung Electronics Inc. patents since entering the mobile-phone market with the iPhone 3G, a lawyer for Samsung told a Dutch court as the company seeks a ban on some Apple products in the Netherlands,” Maaike Noordhuis reports for Bloomberg. “‘Apple just entered the market in 2008 without taking care of the licenses,’ Bas Berghuis van Woortman, a lawyer for Simmons & Simmons LLP who represents Samsung, said in The Hague court. ‘Apple is consciously, structurally infringing the 3G patents.'”

“Samsung, the world’s second-largest maker of mobile phones, filed four lawsuits against Apple in the Netherlands and the first scheduled hearing is today. Samsung is claiming Cupertino, California-based Apple’s iPhone and iPad that use 3G technology infringe Samsung patents and is seeking a ban on their sale in the Netherlands,” Noordhuis reports. “Apple told the court it uses Intel Corp.’s chipsets for iPhones in Europe, and licenses are covered that way. ‘When we entered the market we did have patent licenses,’ said Rutger Kleemans, a lawyer for Freshfields Bruckhaus Deringer LLP representing Apple in the Netherlands.”

Noordhuis reports, “Apple has blocked sales of the Galaxy Tab 10.1 in Germany, which Strategy Analytics forecasts will be Europe’s third- largest market for touch-screen mobile computers this year.”

MacDailyNews Take: Apple didn’t block them, a court of law did.

Noordhuis reports, “In Australia, Samsung’s debut of its Galaxy 10.1 tablet computer may be delayed beyond the end of the month after a judge today said she needs time to study Apple’s patent- infringement claims. Suwon, South Korea-based Samsung lost a preliminary court ruling over sales of its Galaxy S, S II and Ace smart phones in the Netherlands in a patent dispute with Apple last month. The judge in that case didn’t extend the ruling to Samsung’s tablet computers.”

MacDailyNews Take: Sounds like all Samsung does is file wild-eyed counterclaims and lose cases.

Full article here.

Electronista reports, “Samsung is holding Apple ‘hostage’ by asking for 2.4 percent on each 3G chip used in the iPad and iPhone, Apple argued in a court hearing in The Hague over Samsung’s new counterclaims.”

“Revealing what was supposed to be a confidential term, it said Samsung was deliberately misusing both the royalty rate and the responsibility for its payment to try and oppose Apple’s lawsuit, according to Webwereld reporter Andreas Udo de Haes. The company didn’t ask for payments at all until 2010, and during talks deliberately violated FRAND (fair, reasonable, and non-discriminatory) licensing terms by excluding Apple from a license for the Qualcomm chipsets used in the CDMA iPhone 4 and, presumably future iPhone models,” Electronista reports. “In Europe, Apple supposedly already pays Samsung its royalty rate through Intel, which bought Infineon and thus the maker of its current GSM iPhones chipset.”

Read more in the full article here.

[Thanks to MacDailyNews Readers “Edward Weber” and “Dan K.” for the heads up.]

MacDailyNews Take: Boycott Samsung. We no longer buy Samsung-branded products and advise our millions of readers worldwide to also avoid purchasing Samsung-branded products until they cease stealing Apple’s patented IP.

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

40 Comments

  1. I have been boycotting Samdung since the time I first saw it’s iPhone 3GS clones…way before any legal filings by Apple.

    Some trolls will post that that should include apple products because they contain Sammy’s products. This is fud. Apple products are not “branded” with SamDung and even the internals will be replaced in time.

    1. What a worthless effort only boycotting “branded” Samsung products. Every time you purchase ANY product with a Samsung component you are contributing to Samsung’s anti-Apple litigation fund. If you really want to hurt Samsung you have to be universal and massive. Anything else and your efforts are futile and Samsung laughs.

      1. You are missing the point (perhaps deliberately). No one is asking to boycott every minute Samsung component inside other products; just boycotting Samsung branded products will suffice. Meanwhile, Apple and a host of others tech firms may not have the luxury to move away all their business from Samsung overnight, we consumers can boycott every Samsung consumer products at will. That is precisely what I’m doing, voicing my displeasure against Samsung with my wallet.

        Matter of fact, Apple may even settle their differences with Samsung one day (corporations are necessarily less emotional), but that doesn’t mean that I’ll overnight change my tune on Samsung. I’ll continue my boycott against this company until Samsung publicly apologies and correct their thieving ways.

        1. Actually, I do get the point. Those who argue only to boycott branded Samsung products will be unsuccessful in forcing Samsung to change its practices, and those who will boycott any and all Samsung products are too few in number to make a dent in Samsung’s worldwide profits. Samsung really doesn’t care what you do, but if it makes you feel any better, be my guest.

          I doubt that Samsung will issue an apology nor is it likely that the courts demand Samsung issue an apology so it seems that you’re back a square one – again.

          1. Good enough.
            I am doing this for myself then; and I’m glad that you (as someone who gets it) were here to clarify that for our benefit. Just curious though, why would that bother someone like you to come to a Mac forum and try to dissuade others, reposting the same message over and over again?

            I mean, surely since it’s not bothering Samsung at all, right? Surely!

          2. I would be willing to bet that Samsung’s profit margins on branded devices are much higher than their profit margins on electronic components. But that is just a guess. Regardless, I believe that a reasonably widespread boycott on Samsung branded products would have a material impact.

            Unless you strongly prefer/need a Samsung product, vote with your dollar!

  2. Samsung is going to lose, and lose badly. This line of reasoning is ludicrous. Any 3G patents worth using are included in the 3G standard, and are licensed by the wireless chipmakers, and thus anyone using those chips are automatically covered by their license. Further, these patents are less valuable as being part of a standard means your patent will be widely used, but in exchange for that, you agree to be compensated at a far lower rate.

    Samsung is asking for a major smack down.

  3. What Samsung doesn’t get is that Apple is admired worldwide for it’s contribution to making the computer user experience painless, powerful, reliable, and transparent. That is the crux of it.

    Without Apple it would be so boring and mundane.

    1. If Apple used that as the “crux” of their legal argument Apple would be laughed out of court. I think Apple’s legal team will employ logic to craft their argument and the judges will employ impartiality in their decisions. I doubt that user experience ever was used to justify any corporate legal resolution.

      1. I believe breeze’s post was about the likelihood of a Samsung boycott being effective. He never mentioned legal action in his post. Based on your other post it seems you feel a Samsung boycott would be ineffective. I believe breeze’s post pointed to a reason a boycott may be effective.

        You said before that “Samsung really doesn’t care” this is not true. Companies (especially companies with lack of innovation) need customer good will to keep selling their products. A good example of a company with almost no customer goodwill is Microsoft. Microsoft is slowly dying because (on top of many many other reasons) no one likes them and their half ass products are not enough to get people to spend money. Microsoft used to be able to come out with any piece of crap and people would buy it just because of the brand. This has changed; case in point, Kin, Windows Phone 7, Vista; these are just a few. Microsoft lost this brand loyalty, Samsung may lose it as well.

  4. So samsung is sued for blatantly copying Apples products, their products banned in a few countries. They decide to countersue in a fit of desperation (or pride- can’t tell which one). In the process, they lose an enormous customer in Apple, expose themselves as the fools that they are, and now potentially will lose customers to boot (I for one will never buy a Samsung product again). What kind of business model is that?

  5. The boycott initiative might work well in Europe, where in general people had successfully fought large corporations and their improper practices using that method. In America, though, this was rarely (if ever) the weapon of choice against abusive corporations. The practical conveniences of American life make it extremely challenging for an average consumer to go out of his way in order to boycott something or someone. If a person wants to get Boost Mobile’s “shrinking” $50 all-you-can-eat plan, and the best phone you could get with that plan is Samsung’s Prevail, then he’ll rather get that Samsung (regardless of the boycott) than respect the boycott and get an (even) crappier non-Samsung phone, or go to another carrier.

    1. “The boycott initiative might work well in Europe, where in general people had successfully fought large corporations and their improper practices using that method.”

      Really? Would you please post a few historical examples?

      “America, though, this was rarely (if ever) the weapon of choice against abusive corporations.”

      OK, so, historically, what methods have consumers used in America to thwart “abusive corporations”?

        1. Actually it’s gone well in many cities around the US. There are hundreds of cities that have driven out or prevented a Walmart from setting up shop purely from boycotts and petitions.

  6. I too will chose not to consciously purchase Samsung products. I know that they are embedded inside of many devices that any of us unwittingly buy, but pointedly avoiding their consumer products will cause them pain, or why would they have a consumer product division? I still think putting something in MDN’s poll then forwarding the results to Samsung would send a strong statement. Time to get political crap disguised as concern for Apple’s ability to keep it’s future releases secret off of the pole site (Al Gore’s suitability to serve on the Board of Directors) and replace it with an Eat Shit and Die pole for Samsung from Apple’s affluent user base.

    1. agreed. Why not take on Samsung? MDN, over and over, is quite transparent in advancing it’s not well hidden political agenda (promoting Al Gore “survey” ) and last Friday laying out a big one for all the politicos to stew over the weekend, "Obama bans press from Silicon Valley fundraisers" a magnet for vicious bile spewing on Obama, et al, some from people who i follow as knowledgable sources on tech issues. There is already plenty of political info on sites that are openly political, some biased, some not, but if a site is going to use it's space to be a political advocate, then be upfront about it. Admittedly, I am a fan of the humor in editorial responses on MDN about all things Apple, where the advocacy is straight forward, not disguised.

  7. “I too will chose not to consciously purchase Samsung products.”

    Yeah, that’ll work.

    It wasn’t long ago that the common cry at MDN was against Microsoft. The venom and hatred spewed was as redundant as it was predictable. To put things into perspective for the uber-righteous of you, Apple still sells Microsoft and Samsung products from the Apple Store. If you want to keep your consciences clean and you motives ideologically pure perhaps you should start by boycotting Apple, too.

    http://store.apple.com/us/search?find=samsung&mco=Nzc1MjMwNg

    http://store.apple.com/us/search?find=microsoft&mco=MTA4MTkyMjY

      1. Kinda hurts to know that the Apple Store sells branded Samsung products, eh? Kinda makes you confused and bewildered, doesn’t it?

        I’d would encourage that you grow up, but I think that would be as futile as your ineffective “boycott”.

        1. Again, why should it hurt me?
          Apple’s a business and they have their own contractual obligations and business policies that may not conveniently align with my worldview. Why would anybody take that personally? Apple never called for a Samsung product boycott. I did. I have no delusions that business is business and both Apple and Samsung will find a way to work together now and in the future.

          What will not happen is Samsung getting my business directly. And from the looks of it, I’m not alone on this.

          What seems more apparent to me though, you are the one who is coming across disappointed by people voting with their wallets. Hurts, eh?

          Grow up? This coming from someone shill-trolling Samsung as a personal cause at a Mac dedicated site? Yeah, great advice, you should take it.

          1. How do you know that Apple is legally bound to sell Samsung products from its Apple Store?

            If Apple is willing to sell Samsung branded products from the Apple Store what moral authority do you have?

            Yeah, that “working together” thing you allude to is moving right along, isn’t it?

            Sure, you’re not alone. You and a few other deluded individuals hardly make a difference.

            I’m not disappointed at all how you choose to spend your money. In fact, I couldn’t care less if you never purchased any product with a Samsung component – ever. My point is that what ever you do or not do will have absolutely no impact or influence on the verdict. In a world of billions of consumers you and your feeble cohorts are less than insignificant.

            1. “How do you know that Apple is legally bound to sell Samsung products from its Apple Store?”
              Classic straw man fallacy, desperate much?

              Seriously, you have lost the argument, and any credibility if you even had any. Besides the fact that many of us already suspect you to be a desperate shill.

              Go troll elsewhere, I won’t waste my efforts on someone who seems incapable of grasping logic to save his end.

  8. Copycat companies like Samsung need to stop denying the truth and quit the copying and develop there own products with there own ideas. Anyone see Samsung’s USB Power adapter, except for the fact that its black, it is an exact COPY of Apple’s current power adapters for the iPhone. This is one of the big reasons Apple is going after them. Samsung like MDN says is just flailing whining wild B.S. back thinking it’s going to help them somehow. I don’t think so.

  9. Seriously, if you boycott proponents had any faith in Apple’s legal argument and confidence in Apple legal team you wouldn’t be rabidly repeating the same misguided mantra. Nothing that you can say or do will alter the final verdict. Zero to the power of n is still zero.

    1. Why should you care, you made your point, it seems you are upset due to all the support Apple has and the willingness to stand by them and boycott a company that has stolen and used their patents and designs.

      Move on macfeek, you have trolled enough.

      1. You seem to be the one upset. It seems that suddenly you realize that your boycott plans are ineffectual and laughable. Face it, the whole scheme is a public embarrassment.

        1. lol.

          If the boycott plans were laughable and ineffectual, then you wouldn’t be crying and wringing your hands over it and trying to run damage control. Obvious shill is obvious.

          Samsung is feeling the heat in the court of public opinion. Keep up the good work, people.

          1. Oh, my gosh. You figgered it all out! Samsung has just withdrawn all litigation against Apple and has made a public declaration that the feeble antics of a few fanbois instigated the demise of a multibillion international corporation.

            Congratulations, you won!

            1. You seem to be operating under the misunderstanding (probably purposefully) that we think our personal decision to not purchase Samsung products will somehow change a legal decision. I don’t think anyone here is entertaining that delusion. I for one don’t think my purchasing will effect the legal outcome of the Apple vs. Samsung case. I just want to punish Samsung for their theft. I am not alone. There are more then a few “fanboys” that think what Samsung is doing is ridiculous.

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