War must go on – Samsung to attack iPhone 5 with infringement claims on eight patents

by: AdrianSeptember 20, 2012

It’s been a tough time lately for Samsung in ongoing legal war against Apple, with the Android phone maker losing patent battle after battle. And while the losses have been painful, particularly the one from California in late August, the bigger picture is still not as gloomy for Sammy as some are trying very hard to paint it.

Sure, Samsung does have to pay Apple $1 billion in damages after the California trial verdict, but the sum might be lowered after appeal, or it might even go away altogether (possible, though highly unlikely).

The last few weeks haven’t been particularly kind to Samsung either, with the Galaxy Tab 10.1 sales ban stay again being rejected, not to mention Apple pushing hard for the $1 billion damages to be increased, and for several phones to be banned from sale. Still, we know very well that the Tab 10.1 is a very small pawn in the chess game between the two tech giants, while the other two Apple requests have a long way to go before becoming reality.

And if that wasn’t enough to convince you Sammy still haves a chance of winning in the long haul, we have new signals that a crushing counter-attack is being thoroughly prepared over in Seoul. Well, crushing might be a bit of a stretch, seeing as the charge still depends on a number of variables, but it’s pretty obvious Apple has reasons to worry.

According to a case management statement recently filed with the United States District of California, Samsung anticipated that “it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product. “

The same filing mentions that “based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models. Samsung plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device.”

Translated into more plain and clear English, Samsung is planning to soon bring infringement accusations against the iPhone 5 for no less than eight patents. However, this still depends on how the iPhone 5 will exactly look and behave (it’s not yet released, remember?), though we’ve come to learn that if there’s a will for lawsuits, there will be lawsuits, no matter how weak the claims and accusations are.

That doesn’t mean that Samsung doesn’t have serious grounds to sue in this particular case, with at least a couple of those patents tying up to the presence of 4G LTE connectivity on the iPhone 5.

Samsung is yet to officially comment on the matter of this filing, but Florian Mueller from FOSS Patents is speculating that the Korean company’s legal team might ask for a preliminary injunction against the iPhone 5 after bringing forward the specific patent infringement accusations.

It’s very hard to predict right now what chances of success might such a preliminary injunction have, with the LTE accusations probably being crucial to the success of the legal action. What is clear however is that the filing is part of a litigation scheduled to reach trial in March 2014.

That’s a long time from now, boys and gals, so prepare to hear about trials, patents and such for many years to come.

Does Samsung have a chance to beat Apple with its own weapons? What do you think?

  • How does it go… What goes around, comes around?

  • Samsung lawyers don’t seem to have the same juice as Apple, especially in the US.

    We can hope though. Not a fan of all these patent wars, but Apple needs to be put in its place.

    • Blaine Magee

      It’s also really really hard to win a patent suit for a foreign defendant against a domestic plaintiff

  • MoogleStiltzkin

    that article picture is misleading. apple never intended to make peace from the start. in fact they were the ones who initiated the patent wars which is a bad precedent especially for consumer interests.

    • Vboom

      I believe Apple threw paper and Android/Samsung is scissors.
      Nothing to do with peace.
      Rock, Paper, Scissors

  • kelpa32

    in between, hope Samsung S4 not getting a bigger screen like iPhone getting taller.

    • leoingle

      Apple probably has the patent on only making a screen taller.

  • I just hope that LTE are non Frand patents so Sammy can have a chance on this one.

  • Karma -KID ANDROID

  • When will this end, this becoming really boring now. I’m more interested in Matias’ other 67%

  • WarGasm

    For some reason, I dont think Samsung will win this….just a feeling

    • I agree. I’ve got the feeling that even if Samsung has a very strong, without a doubt case, the jury will still rule in Apple’s favor & make Samsung pay billions for taking Apple to court.

      • Their last case was very much like this. I felt the prior art exhibits to be solid and was confounded when their own graphic showing design of their phones to oppose Apple’s heavily biased and edited graphic was thrown out. I don’t think you will find a fair minded judge or jury in California for this case. I’m sorry, but you won’t.

  • Elle

    GO Samsung, believe it or not, I am an Apple user however, Apple seem to be giving a statement that money is everything. Whilst I choose to give my money to the staring, poor and underprivileged Apple the forbidden fruit is shallow, tell us to suck eggs all for a wonderful hefty price. The handset alone doesn’t cost that much to make! Any loyalty perks for customers? No not for me. And every phone I’ve had either breaks or fails. Apple have proved to me that they’re greedy and not getting hands on my money. Apple, your nothing but a little forbidden fruit, greedy for money, make us suck on eggs and tell us to buy you. Well, this time, I will tell YOU when I give you my money. In the meantime, I’d like to represent more than shallowness and soulessness. It’s boring.

  • Elle

    Apple for me seem to have an agenda, I look further down the line. Look at who actually funded Steve Jobs in the first place. I don’t like to represent a forbidden apple symbol on my phone, with apps to access my bank accounts available, not been able to take the battery out and so on…. I am so bored of hearing Apple telling us how we NEED them. Honestly. Apple are in charge and always will be. They have the power, but they wont take my soul!….:/