Apple vs Samsung: Sammy negligent on filing patent disclosures?

by: nathanAugust 18, 2012
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In a perfect world made by Samsung, the latest in the trial against Apple would never have happened. That is to say, the latest accusations by ETSI (European Telecommunications Standards Institute) would be a non-issue. However, in the real world, Apple now figuratively has Samsung by the throat and is wringing the last signs of life from Sammy’s prospect of a hard-fought win.

The testimony of Dr. Michael Walker — who served as ETSI’s chairman of the board between 2008 through 2011 –boldly stated that Samsung, in all of its “frivolous glory”, never disclosed two of its patents to ETSI. These are the same two patents, Walker claims, that are being used against Apple in the patent rights showdown. “If you believe it’s going to be adopted, you should disclose that to ETSI,” Walker said.

Samsung’s reply was that the patents and the according technology were confidential and if ETSI wanted the company to file an action on the disclosure, it should have asked. In short, Samsung asserted retroactive court action is a weaksauce move.

To prove his point, Dr. Walker rebutted:

Companies with intellectual property that might go into a standard need to alert the others in the group who could one day have to pay royalties on the technology.”

Here Walker is directly saying Samsung approached a basic fact as a legal nuance, tossed it aside as no big deal, and in doing so, missed the boat on potential royalties. Talk about adding insult to injury.

The case is coming to a short close, with Apple continuing to hammer on Samsung over the last two days with claims that the patents it holds are invalid. Samsung has a few hours left next week to make closing arguments. But if today was any indicator, the last few hours may be spent crying into a pitcher of Hite and reminiscing of the good old days of their kingly reign over the realm.

Is it time to start calling a winner? Is the best yet to come in this epic saga between the titans? Sound off in the comments below!

  • MasterMuffin

    No! Apple can’t win, everyone that has a brain knows that apple is being ridiculous! If apple wins, I won’t buy anything from them anymore!

    • Okorukoi Usoda

      I wouldn’t buy anything from them if they did not win.

      • MasterMuffin

        So you wont buy anything from them if they don’t win? Why?

  • xiaoxiaobin746

  • gils001

    If Samsung loses i think it will be time for Samsung to out do apple with a completely new design and to hike up the prices for those shiny new retina displays that only Samsung seems to be able to keep up with in terms of output

    • WestCoastStar

      Hardly. Apple can invest in any other manufacturer to help boost output.

      • Se-Jeong Lyu’ll just take a few more years

        • WestCoastStar

          They’re already there. Wait for it…

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    i purchased mine from this website.
    They have 10″ tablets, But they also provide tablet phones which are GREAT!

    They have the NEW windows 8 Tablet too!

    Its very handy, As you can use them in the car also.

  • Marvin Nakajima

    “Here Walker is directly saying Samsung approached a basic fact as a legal nuance, tossed it aside as no big deal, and in doing so, missed the boat on potential royalties.”

    So is he also saying that Samsung can’t collect royalties on all devices sold from now forward since Apple, among others, now obviously knows about it? If so does that mean that not disclosing a patent to the ETSI is a method to invalidate a patent w/o the Patent Offices’ acknowledgement? Also does that prevent Samsung from preventing further shipments of infringing products into the U.S.?

  • flamencoguy

    I will never buy any Apple products. And I will tell as many people as I can about the bully and the kind of company Apple is. The king of the hill is trying to beat back competition by suing on bogus patents. Read the article about HTC and Apple’s ridiculous patents on this site. This is a strategy they have come up with long ago. Maybe they have some insider’s working for them in the USPTO who grant these ridiculous patents as weapons. Go invent some heavy duty telecom stuff. Not drawing little pictures and calling them inventions…

  • piggy007

    Agreed gils001. Feel sorry for the folks in the US I reckon Apple will try and exclude samsung products from the US now which will restrict consumer choice at the current time at least.Samsung will have to step up and develop new products like crazy now.