Samsung to sue Apple in U.S., Europe over iPhone 5 using standards-essential 4G LTE patents

“Samsung Electronics said Monday that it will sue Apple over its release of the iPhone 5 for infringing on its fourth-generation (4G) long-term evolution (LTE) connectivity patents, according to ranking officials,” Kim Yoo-chul reports for The Korea Times. “‘It’s true that Samsung Electronics has decided to take immediate legal action against the Cupertino-based Apple. Countries in Europe and even the United States ― Apple’s home-turf ― are our primary targets,’ said a senior Samsung who is directly involved with the matter, in a telephone interview with The Korea Times.”

“The Korea’s tech giant’s move came immediately after SK Telecom confirmed Monday that the U.S. technology giant will unveil the iPhone 5 featuring 4G LTE. SK said that it has agreed with Apple to release the LTE-enabled iPhone on the local market for domestic telecommunications frequencies,” Kim reports. “‘Talks with Apple ended with a good result. We are happy to offer the much speedier new iPhone to our customers,’ said an SK Telecom official, though the company spokesman declined to confirm the news, citing the sensitivity of the issue.”

MacDailyNews Take: Dear SK Telecom official, you’re lucky Steve isn’t here or you head would be on a stick by now.

Kim reports, “A KT spokeswoman Kim Yoon-jeong declined to confirm this was the case as it’s not the company policy to talk about client-related issues. But KT sources said it’s unlikely Apple would release the new iPhone using conventional third-generation (3G) networks.”

Read more in the full article here.

MacDailyNews Take: Samsung is still not grasping – or ignoring – the differences between utility patents and design patents. Fair, reasonable, and non-discriminatory terms, you criminals.

72 Comments

    1. What beat down? You mean the American Jury verdict on a South Korean company? Ho yes that one… right, the one where the Court will not even hear Apple’s cry baby request to ban Samsung device sales in the US until early December and the beat down that Samsung has taken by not having paid Apple a single penny and probably never will.

      Come on man! Love Apple all day long but for the love of God don’t write crap like this.

      1. Pat, what did those Samsung phones look like before the iPhone? Do you even understand the FRAND licensing and how they are used?
        In the long run, Samsung will lose and it really won’t matter which country they try to play this game in. With FRAND licensing they will have to take on the world, not just Apple in the US.
        I doubt it will even make it to trial. Sure sounds like saber rattling with plastic knifes. haha

    2. A pointless lawsuit that will only be rejected by the courts. Surely they know that but feel they have to publicly bristle their slavishly copying feathers, for all the good it does them. Makes them look pretty stupid. My opinion is Shamsteal should have all it’s FRAND patents revoked and made public domain for abuse. This is all they have and I’m sure they’re frustrated beyond belief they can’t wield it as a weapon. And that is the whole point of a FRAND patent!

    3. Just to clarify for those who don’t understand what FRAND means in regard to patents. Samsung’s patents are FRAND patents because they are included under the industry standard for 4G connectivity. Everybody has agreed to a standard 4G protocol which means that everybody’s hardware will work with everybody else’s under 4G. To accomplish this, the necessary 4G/LTE patents have been designated SEP (standards essential patents), which means that the owner (now Samsung) has previously agreed that they are available to anyone who wants to use them without negotiation at a fair and reasonable fixed fee.

      On the other hand, there is no industry standard for touch screen interfaces. The fact that Samsung, Google, and others have copied Apple’s non-FRAND patented intellectual property does not make it an industry standard. Apple would have to agree to that, and they don’t.

      Now, we have Apple suing Samsung for copying patented items they have not given permission for others to use. And in retaliation, Samsung threatening Apple for using patented items that Samsung has already given industry wide permission to use at a set fee, and at the same time complaining that they should be paid higher fees if Apple does use them. Now, who is being intellectually dishonest and unethical here?

      1. On top of that, the makers of the 4G/LTE chip set that Apple will use have probably already paid the necessary fees for the patent use, thus gaining permission to use them. That permission customarily carries through to any user downstream of the manufacturer. So in asking for licensing fees from Apple, Samsung is trying to double dip on the licensing fees.

      2. Only one problem with this analysis. 4G is FRAND but LTE is not and the major holders of the LTE patents are the very same being threatened by Apple. In the end, the so-called thermo-nuclear war being waged by Apple will have it’s primary casualty in the iPhone.

        1. I think you are confused. If we were talking about real LTE technology perhaps you would be correct, but that’s not what is in question. The present 4G/LTE technology is an industry standard developed by 3GPP (3rd Generation Partnership Project):

          Wikipedia:

          “LTE (an initialism of Long Term Evolution), marketed as 4G LTE, (4G is Undefined says ITU – and is just a marketing hype – has nothing to do with technology or speed) is a standard for wireless communication of high-speed data for mobile phones and data terminals. It is based on the GSM/EDGE and UMTS/HSPA network technologies, increasing the capacity and speed using a different radio interface together with core network improvements. The standard is developed by the 3GPP (3rd Generation Partnership Project) and is specified in its Release 8 document series, with minor enhancements described in Release 9.
          The world’s first publicly available LTE service was launched by TeliaSonera in Oslo and Stockholm on 14 December 2009. LTE is the natural upgrade path for carriers with GSM/UMTS networks, but even CDMA holdouts such as Verizon Wireless, who launched the first large-scale LTE network in North America in 2010, and au by KDDI in Japan have announced they will migrate to LTE. LTE is, therefore, anticipated to become the first truly global mobile phone standard, although the use of different frequency bands in different countries will mean that only multi-band phones will be able to utilize LTE in all countries where it is supported.
          Although marketed as a 4G wireless service, LTE as specified in the 3GPP Release 8 and 9 document series does not satisfy the technical requirements the 3GPP consortium has adopted for its new standard generation, and which were originally set forth by the ITU-R organization in its IMT-Advanced specification. However due to marketing pressures and the significant advancements that WIMAX, HSPA+ and LTE bring to the original 3G technologies, ITU later decided that LTE together with the aforementioned technologies can be called 4G technologies. The LTE Advanced standard formally satisfies the ITU-R requirements to be considered IMT-Advanced. and to differentiate LTE-Advanced and Wimax-Advanced from current 4G technologies, ITU has defined them as “True 4G”.”

  1. Sounds fair to me. Apple dont want samsung using their so called inventions nor should apple use samsungs. Fact remains, Samsung can now charge what they like to whom they like and there aint a bloody thing apple can do about it. Carma, Apple can run their crappy phones with AM radio for all i care.

      1. Cozy’s Carma is the grief he feels daily having to drive his mobile challenged ’65 Chevy Nova since he can’t afford anything decent. If Apple phones are crappy that would mean all other phones are steaming piles of crap.

      1. Ladies…. so we are clear I always use my real name and in fact use my real e-mail so give your heads a shake a come out of your Apple induced comas. I frankly would love nothing more than to be in a room full of you ladies and have at it. No keyboards to hide behind just a good old fashion knee to knee debate about Apple Cult members and how they come off as little nerds who hide under their mom’s skirt!

        Anytime anywhere and make sure you all bring your what do they call it… Mensa Cards? Idiots!

        1. You would be reduced to a pile of smoldering ash in about 30 seconds like the ashhole you are don’t kid yourself. Speaing of kid this kind of BS makes you about 12-14 years old I would guess. Is there an opposite MENSA card to be had? If so you must be a member. You are not the final arbiter of anything but cluelesness.

        2. Fine, I’m quite happy to do that.
          Of course, you’ll have to pay for my return plane ticket to America, and decent hotel accommodation while I’m there.
          I’ll happily explain why I enjoy using Apple equipment after seventeen years of using Macs in a professional working environment, and coming to appreciate just how easy Apple OS is to work with compared to the utterly counterintuitive products of other companies.

          1. Listen I get the fact that folks like Apple OS because it is easy (not very intuitive) but easy to use. Windows is designed for the more astute users who are capable of truly understanding the merits associated with true multi-tasking and who might also enjoy the occasional science project to get their PC’s rocking to an entire new level.

            I use both OS’s and like both for what they offer and never speak ill of either one of them. Simplicity and cookie cutter attributes go to OSX, more complex and cross pollination across a wider spectrum of applications goes to Windows.

          1. I can make that happen but no need for a dark alley? You must watch too many Batman movies.

            The only Samsung product getting shoved anyone ass will be up tour gay ass and as usual you will love it! Little man!

            1. Last I checked you are the ass wipe who suggested that you would (behind a keyboard of course) be so strong and tuff to do what you suggested you would do.

              Listen very closely little man, your worst nightmare would be to have to meet me face to face as I would make you my little bitch within seconds and all this without any weapon other than my hands. Watch who you fool with on here as you might regret pounding your keyboard keys so hard in an attempt to be Stallone.

              You are the poster child as to why the authorities have issues with users who sit behind keyboards and pretend to be something other than what they are and in your case that is you pretending to be Rambo! Now then Go Right to Hell!

        3. Where and when? If you are within 300 miles of me, I’ll show up. What? You want a face-to-face … debate?!? Are you weird? Who’s being a “lady” hiding under “mom’s skirt”?

          Of course, if you REALLY want a debate, I’ll meet you in the Daniel Webster room at my high school, Phillips Exeter.

    1. cozy,, er Pat, er Chris,,, is Samdung still paying you to troll here??? And do you really think such off base totally junk comments will do anything except create a put down environment?????

      Just wondering.

    2. Nice demonstration of the textbook definition of a court jester. Pun intended.

      Misguided, full of hate, stupid, total lack of common sense.
      Congrats. All checkboxes of a fanatic Fandroid checked. Apply for the Al-Goo-ida here…77 free plastic-fantastic smartphones awaits you in heaven.

    3. Hey Dozy, did you not bother reading the clear and unequivocal explanation as to why it is that Samsung CANNOT legally charge what they want to who they want?
      You really are a dickhead, aren’t you.

    4. “Fact remains, Samsung can now charge what they like to whom they like and there aint a bloody thing apple can do about it.”

      MAN, you are showing your ingorance. Fact is, Samsung CANNOT charge what ever to whom ever. Samsung “gave up” control of those patents under FRAND. They just want publicity to garner ignorant souls on their side. Seems like it is working!

  2. Samsung is run by a family of bullies. Their approach is to take what they want. In Apples case they simply copied and stole their IP. So when the kid asks for his lunch money back, the bully looks to beat up the kid with whatever he can hit him over the head with. Everyone at Samdung is too scared to tell the little bully running it that he has to share his standard essential IP, even worse, he has already agreed to share his IP.

    No, no they will let this play out and go to courts around the world because the little bully at Samdung will not believe anyone he pays, they just are there to do what he orders.

  3. Think before you click: Kim Yoo-chul is probably the most prolific anti-Apple “journalist” in the world. Since 2009 he has penned at least 1 hit piece against Apple a week, sometimes three or four. In effect he appears to be an extension of the Samsung PR department presenting himself as a Korea Times reporter. The vernacular press in Korea is much more balanced and even anti-Samsung than Kim’s rabidly pro-Samsung stance would indicate.

      1. Bad in who’s eyes? Self righteous Americans? Come on man try to get out of your redneck Country once in a while and travel abroad with your US flag patched on your shirt or jacket for all to see and get back to me as to how the world looks upon Americans.

        1. Bad in the eyes of the south Korean government agencies who are investigating the Shamedung KIRF company for patent abuse.

          Bad in the eyes of the EU who launched a patent abuse investigation against Samecrap copycats.

          Bad in the eyes of every intelligent person (read: Non-Fandroids)

  4. FRAND… The words fair, reasonable abd non discriminatory to not mean a thing, or go along with tea party antics. Need another trashing Samsung? Wake up and smell the coffeee you thieves.

          1. Not sure I follow? Why all the hate? Do you even know how big Samsung Group is? My point is that they seem to have a footprint in almost everything we touch these days.

            Sure I love getting under the skin of Cult members but I try to stay relevant and Samsung parts being used in Miele, Bosh, BMW, GM, Ford, Acer, Dell (need I go on) appears to be the plain truth about Samsung’s infiltration in our daily lives.

    1. Amen. NO Stealscam hardware ever again! Apple has brought out their true colors and now we must all reward them by not buying from them ever again. I guess their PR department must have zero sway with it’s CEO since they don’t seem to realize the PR damage they are causing themselves. They get their hands caught in the cookie jar and blame the cookie jar. If a corporation can be an a-hole Shamdung is one.

  5. Wow, Shamesung is going to get smacked so hard. Not only does Apple get covered by Qualcomm’s license, using SEPs in an offensive manner will result in FRAND abuse charges. I say go for it!

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