Before first sale, iPhone 5 already a legal target for Samsung


Samsung’s trying really hard to rain on Apple’s(s AAPL) iPhone 5 parade. On Thursday, one day before the first round of iPhone 5 shipments reach consumers’ hands, Samsung threatened to include the device in an ongoing patent lawsuit targeting Apple.

The news come from a new court document filed by the Korean smartphone maker. According to Reuters:

‘Samsung anticipates 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 company said in a U.S. court filing.

‘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, you’ll remember, has already been found to have infringed on a bevy of Apple’s mobile patents in a landmark court case decided last month in California. As a result, Samsung is facing the possibility of being forced to pay Apple more than $1 billion in damages. So it’s not surprising that the company is looking for leverage wherever it can in its legal battle.

But what aspect of the iPhone 5 infringes on Samsung’s patents? The company already said it would sue Apple if it made an LTE-capable phone. But what else? No one outside of a few gadget reviewers, some developers and Apple employees have actually seen and used the device. That’s likely why Samsung says it is “planning to file” a suit. Expect to hear more about this after the device goes on sale to the public tomorrow.



Samsung has threatened to sue Apple vs 4G FRAND patents just like it tried to sue with 3G FRAND patents. Hey, when you are a losing copier, you do what every you can, make whatever noise is left to you.

Just a thought.


Though FRAND, the patents you mention hold a real innovation unlike Apple’s rounded rectangles. Being FRAND actually shows how valuable the patent actually is.

The things apple is suing for rounded rectangle’s , screen bounce, swipe to unlock , scrolling which the dumb american jury even buys into.

Tom Anderson

FRAND still means you need to pay to use it. Apple often does this FRAND stuff and then doesn’t pay for the patents they infringed in the past.

Comments are closed.