“Apple quietly submitted an ex parte application that it hoped could nullify Samsung’s 3G patent countersuits,” Electronista reports.
“The filing would let it demand information of Qualcomm to prove that it already had the right to Samsung’s 3G patents without having to pay Samsung directly,” Electronista reports. “Qualcomm supplies cellular chipsets for both the CDMA iPhone 4 and every iPhone 4S and, theoretically, is already paying Samsung an amount that would exempt Apple of any cost of its own.”
Electronista reports, “If completely successful, Apple could nullify much of Samsung’s current defense. Combined with successful early bans, it could push Samsung into reaching a settlement rather than continuing to trial and risking an outright loss.
Read more in the full article here.
Oh Apple got this one. Sucks to be you Samdung! lol
Oh yeah:)
Samsung- mother from another udder.
Anyone know if “petition” in this case is a “legal thing” (ie through the courts like a kind of subpoena) or is it a kind of “open letter” to the QCOM CEO with no legal oomph.
It seems to be a legal filing asking the court to compel Qualcomm to disclose information. So yes, if the court grants it, it has legal force behind it.
Samsung isn’t stupid. They know if their claims are valid, or not. If these were valid claims they would have been filed early on.
At this point Samsung’s strategy is to be an annoyance, which is hoped will soften Apple’s bargaining position. But SJ said it at the very beginning, “We’ve innovated like crazy, and have over 200 patents on our technology, and we will defend our IP aggressively”.
Apple is in the catbird’s seat, and isn’t about to allow a low end copier to benefit (at Apple’s expense). Apple, through its own hard work is positioned to dominate handset and tablet markets for the next decade (maybe two). There is no reason to expect them to share.
When press adds a qualifier adjective like “quietly”, what exactly is the standard expectation there?
Should Apple have hired a marching band, called a press conference with advanced invitations, take out a front page Ad on some prominent newspapers and magazines, advertise on Superbowl on each of their upcoming actions for the year?
I’m also quietly (up until now that is) tired of all these: Apple “quietly updates iTunes”, “quietly updates security files”, “quietly submits a legal petitions” etc.
I have been saying this all along, it is the designer \manufacturer of the Radio in the iPhone that should have the licence to include the 3G IP in their product not Apple, or Samsung could go after the end user next.
By Western standards, Samsung execs ARE stupid. Their transparent attempts to try and cunningly outmaneuver Apple really are evil and yet childish and naive. Asian cultures just have different ethical values than Western cultures.
Well let’s not go quite that far……Google would appear to be just as evil and childishly naive.
I would go that far. HD boy said “different” ethical values he didn’t say better or worse. just different. I will add that they apply these ethics differently domestically vs abroad.
I do agree good would be just as evil. I don’t know about the childish part…..yet.
If this is true, it’s no better than Lodsys and other patent trolls who think they are entitled to fees at every point in the chain where licensed patented devices are used.
Combined with successful early bans, it could push Samsung into reaching a settlement rather than continuing to trial and risking an outright loss.
What settlement would Apple be willing to reach? Anything short of “no Galaxy S products are to be sold until they don’t look like iPhones or iPads” would be unacceptable. Really, I don’t think there’s much room for Apple to compromise.
——RM
LordRobin, my thoughts exactly when I read that. Apple’s objective is to stop Samsung’s blatant copying. What’s to negotiate? They either get to make a fortune copying Apple’s stuff by confusing people into buying their products, or they’re forced to stop and pay Apple damages for doing so. I doubt Apple would be willing to drop their case just in exchange for Samsung stopping the copying. What then would prevent other companies from doing the same? There must be some financial penalty or it won’t stop.