Samsung Could Sue Apple Over iPhone 5 4G

Samsung is planning to sue Apple over the use of patents related to 4G Long-Term Evolution (LTE) wireless communication, used in the design of the iPhone 5, according to the Korean Times.

The iPhone 5 4G function  is expected to be a major feature at the launch, confidently expected tomorrow (Wednesday 12 September). The new iPhone is expected to be compatible with networks such as the 4G service announced by  Everything Everywhere (T-Mobile and Orange) in London today.

Samsung is looking to retaliate against Apple, after it was ordered to pay Apple $1.05 billion (£664 million) in damages as a result of a US patent lawsuit. Samsung is appealing the decision, and looking for ways to disrupt on Apple’s most eagerly-awaited product launch for some time.

iPhone 5 4G war?

Apple might have won a battle in California, but the war seems to be far from over. According to the sources quoted by Korean times, Samsung started to plan its offensive as soon as it confirmed that Apple will be releasing an LTE version of the smartphone in certain markets, including South Korea.

“It’s true that Samsung Electronics has decided to take immediate legal action against the Cupertino-based Apple. Countries in Europe and even the United States― Apple’s home-turf ― are our primary targets,’’ said an unnamed industry source.

In 2011, the two companies already met in court over Apple’s use of 3G patents. The South Korean company claimed that Apple had not paid for licences to Samsung’s intellectual property related to the 3G wireless standard. Apple argued that the technology was meant to be licensed under Fair, Reasonable, And Non-Discriminatory (FRAND) terms, and Samsung’s demands did not comply with those terms.

“Apple claimed the existing 3G-related patents are standard essential patents (SEPs) according to our earlier commitment to the FRAND terms. But the story is totally different when you talk about LTE patents. These are new and highly-valued,” said another source.

However, Patently Apple notes that Apple has amassed a cache of 434 LTE related patents of its own, following deals with Nortel and Freescale. So it is possible that Apple has developed the iPhone 5 relying on its own intellectual property.

It should be noted that despite the California jury verdict over Samsung’s alleged infringment of Apple design patents, several other courts around the world took Samsung’s side in the unfolding conflict. The Seoul Central District Court banned some models of iPhone and iPad, while the Tokyo Central District Court simply found that Samsung didn’t “copy” Apple designs or infringe on its patents.

There are similar patent cases ongoing in the Netherlands and Germany.

According to Korean Times, Samsung has sold 20 million Galaxy S3 smartphones in 100 days, achieving this milestone six times faster than the original Galaxy S and three times faster than Galaxy S2.

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