by Chris Smith, 9 months ago
Earlier today, the U.S. Apple vs Samsung trial was officially kicked off by Apple’s opening statement, in which the counsel of the iPhone maker started showing the nine jurors – one member of the jury…
The complex Apple vs Samsung legal battle is far from over, despite the latter’s heavy loss in one of the U.S. patent-based trials between the two.
And while Samsung is going to work with carrier partners to modify its devices to address most, if not all, Apple’s patent infringement claims that the jury found Samsung to be violating with a variety of Galaxy-branded devices, that’s not the only path the company is considering.
Samusng will surely appeal the verdict, and it’s prepared to bring a new suit against Apple should the company launch an iPhone 5 with LTE capabilities, at least that’s what Korea Times is suggesting.
Apple is already rumored to launch its sixth-generation iPhone, mistakenly labeled as the iPhone 5, on September 21, and the device is most likely going to come with LTE features on board, just like the third-generation iPad that hit stores in early spring.
Therefore, Samsung is most likely to try to stop iPhone 5 sales in various regions, U.S. included. The company tried to block iPhone 4S sales in various markets too in October 2011 when the fifth-generation iPhone was launched, but was unsuccessful. Similarly, Apple wanted to obtain a preliminary injunction against the Galaxy S3 in the U.S. – which launched in mid-June – but the courts rejected Apple’s motion.
Chances are that Samsung’s preemptive move against the new iPhone will not succeed especially if it brings up FRAND patents again, but also because Apple will probably argue that it has licensed its LTE technology from Qualcomm, itself a holder of a hefty LTE patent portfolio – the kind of argument that worked out for the company in the recently finished U.S. trial when Apple defended against alleged Samsung 3G patents infringement by bringing Intel into the fight. And the jury did not find Apple to infringe on any Samsung patent, while also deeming all of Samsung's patents to be valid. But let’s not get ahead of ourselves and wait to see what happens.