Samsung's Patent Cases Against Apple to Ramp Up in 2012

Following a recent commitment to step up its attacks on Apple over claims of patent infringement related to 3G technologies, Samsung appears set to launch into the primary phase of its campaign during the first half of 2012. While some initial posturing has seen some early discussions in court over Samsung's claims, Samsung appears to be opting to forego seeking temporary injunctions against Apple and attempting to proceed as quickly as possible to full trials.


Notably, Bloomberg reports that Samsung has won an early trial date of March 2012 for its case against Apple in Australia, with the judge accepting that proposal over Apple's opposition that requested a trial date of August 2012. With the decision, the Australian trial will come before Samsung's action in the United States ramps up with an International Trade Commission case in May or June.

Australia Federal Court Justice Annabelle Bennett today ordered that a trial on Samsung’s claims be held in March. Cupertino, California-based Apple had opposed an early trial, with its lawyer Stephen Burley saying the company needed more time to prepare the case and favored a hearing in August.

Samsung, the world’s biggest maker of smartphones last quarter, dropped its bid for a temporary injunction barring Apple from selling the iPhones and iPad 2 and instead is seeking an early hearing. The Australian trial will be a prelude for Samsung in its U.S. case before the International Trade Commission on similar claims, which Burley said will be heard in May and June.

Samsung is currently targeting the iPhone 4, iPad 2, and iPhone 3GS with its Australian lawsuit, although it will presumably attempt to add the iPhone 4S to the lawsuit at some point as well. With the trial not set to kick off until March, Samsung may also find itself needing to add other new devices such as iPad 3, which is rumored for an early 2012 launch.

Court cases between Apple and Samsung are also playing out in a number of other countries, but Australia has been one of the focus points for the two companies, with Apple having won an injunction blocking the sale of Samsung's Galaxy Tab 10.1 in the country. Samsung has appealed that ruling, with a court date set for late next week to begin arguing its case on the topic. The company had previously indicated, however, that it might scrap the device's launch entirely in Australia if the injunction was granted, given that it would prevent Samsung from having it on the market in time for for the lucrative holiday shopping season.

Top Rated Comments

(View all)
Avatar
114 months ago

Yeah, it's probably FRAND tech. But you forgot to ask to license it! So to the high road we go."


Apple's implementation of the Samsung 3G patents comes via their use of Qualcomm baseband chips. Qualcomm is a Samsung licensee, and pays royalties to Samsung for every chip they make.

This is what is known in patent law as the "Exhaustion Doctrine." And it makes a lot of sense, both ethically and practically.

Say a drug store sell a particular pill, that is made by a drug company, that pays a royalty to to the drug patent holder (a research institution.) "Patent Exhaustion" means that the patent holder cannot sue the drug store because they already got paid once for their patent. It also means that the drug store doesn't have to go and negotiate licensing deals for every medicine they carry.

That is basically analogous to what is happening here. Samsung already got paid for every Qualcomm baseband chip in the iPhone. But they seem to think that because Apple is successful, they deserve to get paid twice.
Score: 23 Votes (Like | Disagree)
Avatar
114 months ago

This wouldn't have happened if Apple didn't try to sue the world.


i wasn't convinced that samsung was copying apple until today when i saw my class mate in university with a tablet and i told him "which iPad 2 version do you have" and i was shocked that it was a galaxy tab 10.1, they even copied the smart cover...
Score: 19 Votes (Like | Disagree)
Avatar
114 months ago
I'm not going to lie to you, but the concerted effort Samsung is putting into its lawsuits makes 'em look like whiny little bitches.
Score: 13 Votes (Like | Disagree)
Avatar
114 months ago

i wasn't convinced that samsung was copying apple until today when i saw my class mate in university with a tablet and i told him "which iPad 2 version do you have" and i was shocked that it was a galaxy tab 10.1, they even copied the smart cover...


Score: 12 Votes (Like | Disagree)
Avatar
114 months ago
I really hope Samsung gets screwed badly from this.
Score: 12 Votes (Like | Disagree)
Avatar
114 months ago
Apple: "Don't take our industrial design, or use an OS that copies our UI and is written in an unlicensed language."

Samsung: "Yeah, well ... <takes those things> ... don't infringe upon our 3G implementation! It's such a big deal that one whole engineer gets a whole few hours to look at your implementation. Yeah, we already get paid by Qualcomm for your implementation. And there's really no justification for this lawsuit ... To the high road we go."
Score: 11 Votes (Like | Disagree)

Top Stories

Apple Announces New 27-Inch iMac With 10th-Gen Processors, Up to 128GB RAM, 1080p Webcam, True Tone, and More

Tuesday August 4, 2020 8:07 am PDT by
Apple today announced a new 27-inch iMac with faster 10th-generation Intel Core processor options, next-generation AMD graphics, up to 128GB of RAM, a higher-resolution 1080p front-facing FaceTime camera, a True Tone display with a nano-texture glass option, a T2 chip, higher fidelity speakers, studio-quality microphones, and more. A breakdown of the new 27-inch iMac's features and specs:10th...

8 Third-Party Home Screen Widgets That You Can Try Out Now on iOS 14

Wednesday August 5, 2020 12:56 pm PDT by
One of the biggest new features of iOS 14 is Home Screen widgets, which provide information from apps at a glance. The widgets can be pinned to the Home Screen in various spots and sizes, allowing for many different layouts. When the iOS 14 beta was first released in June, widgets were limited to Apple's own apps like Calendar and Weather, but several third-party developers have begun to test ...

Everything New in iOS 14 Beta 4: Apple TV Widget, Search Improvements, Exposure Notification API and More

Tuesday August 4, 2020 11:14 am PDT by
Apple today released the fourth developer betas of iOS and iPadOS 14 for testing purposes, tweaking and refining some of the features and design changes included in the update. Changes get smaller and less notable as the beta testing period goes on, but there are still some noteworthy new features in the fourth beta, which we've highlighted below. - Apple TV widget - There's a new Apple TV...

Apple May Launch This Year's 'iPhone 12' Lineup in Two Stages, With 6.1-inch Models Debuting First

Monday August 3, 2020 3:14 am PDT by
Apple last week confirmed that its "‌iPhone‌ 12" launch will be delayed this year due to the ongoing global health crisis and restrictions on travel. Apple last year started selling iPhones in late September, but this year, Apple projects supply will be "available a few weeks later," suggesting a release sometime in October. We're expecting a total of four OLED iPhones in 5.4, 6.1, and...

Apple Explains Why You Might See 'Not Charging' When a Mac is Plugged In

Monday August 3, 2020 1:42 pm PDT by
If you have a Mac and have seen a "Not Charging" warning when plugging it in to power, Apple last week released a support document that explains why. Macs running macOS 10.15.5 or later have a Battery Health Management feature to preserve the life of the battery, and occasionally, the Battery Health Management option will cause the Mac to pause its charging for calibration purposes.Depending ...

Supposed iPhone 12 Display Unit Leaks

Thursday August 6, 2020 8:13 am PDT by
An image supposedly of an iPhone 12 display unit has been shared online by leaker "Twitter user Mr. White". Compared to images of an iPhone 11 Pro display piece, this new unit has a reoriented display connector, reaching up from the bottom of the display, rather than from the left-hand side on iPhone 11 Pro. This may be due to the logic board moving to the other side of the device. A...

Google's $349 Pixel 4a vs. Apple's $399 iPhone SE

Wednesday August 5, 2020 1:45 pm PDT by
Google this week launched its newest smartphone, the $349 Pixel 4a, a low-cost device that's designed to compete with other affordable devices like Apple's iPhone SE. We picked up one of the new Pixel 4a smartphones and thought we'd check it out to see how it measures up to the iPhone SE, given that the two devices have such similar price points. Subscribe to the MacRumors YouTube channel ...

Apple-Acquired Dark Sky Officially Shuts Down Android App

Saturday August 1, 2020 3:43 pm PDT by
Apple in March purchased weather app Dark Sky, and at that time, Dark Sky's developers said that the app's Android version would be discontinued on July 1, 2020. However, instead of shuttering the app on that date, the app's developers announced that the discontinuation would be delayed for another month. Now that it's August, Android users are no longer able to access the app, and...

Samsung Launches Galaxy Note 20, Galaxy Z Fold 2, and Galaxy Buds to Compete With Apple's iPhones and AirPods Pro

Wednesday August 5, 2020 10:07 am PDT by
Samsung today held a virtual Galaxy Unpacked event where it unveiled its next-generation smartphones that will compete with Apple's 2020 iPhone lineup, set to come out in the fall. Samsung announced the launch of the Galaxy Note 20 and the Galaxy Note 20 Ultra, the two newest devices in the Note lineup, and, more notably, the Galaxy Z Fold 2, Samsung's latest foldable smartphone. The...

Alleged 'iPhone 12' Images Depict Circular Array of Magnets in Chassis

Wednesday August 5, 2020 4:39 am PDT by
New images shared on Weibo appear to show a circular array of magnets housed inside an "iPhone 12" chassis. The unverified images depict 36 individual magnets in a circular arrangement, suggesting they could be related to mounting or charging. EverythingApplePro, who shared the Weibo-originating images on Twitter, also posted an image of an alleged iPhone 12 case with a similar array of...