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

September 20, 2012
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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?

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