Clash of the Titans: Samsung countersues Apple over patent issues

Can’t we all just get along? Last week we reported that Apple was suing Samsung over the look and feel of their phones, claiming that the phone, icons, and even the packaging was the same as Apple’s.  Samsung responded strongly the next day, stating that Apple had “violated our patents in communications standards.”

It appears that the company was not just playing a war of words: Last week, the Wall Street Journal reported that Samsung filed lawsuits against Apple in South Korea, Japan, and Germany and now Bloomberg is reporting that Samsung has filed similar lawsuits against Apple in the United States. The United States lawsuit states that Apple is in violation of Samsung’s patents that, “relate to fundamental innovations that increase mobile device reliability, efficiency, and quality, and improve user interface in mobile handsets and other products.

Companies sue each other all the time, but this battle takes on extra significance due to the close ties that the companies share. Many of the components in the iPhone and iPad are produced by Samsung, and Apple was Samsung’s second largest customer in 2010. Why the two behemoths can’t work things out behind closed doors is anyone’s guess, but we all know that the lawyers are the ones who will come out on top in these battles.

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Good. about time Samsung countered that money gouging company that Steve Fail Jobs made. he should have named it: Apple Fail or Apple always Fails so don't buy from us: lol

soldier1st said,
Good. about time Samsung countered that money gouging company that Steve Fail Jobs made. he should have named it: Apple Fail or Apple always Fails so don't buy from us: lol

Considering the purpose of a business is to make money, not sure why it would be called Apple Fail when its making tons of money. Go troll somewhere else maybe?

Just in case anyone thinks Samsung's patent threats are not serious...

http://www.google.com/patents?...bile%20device&scoring=2

Samsung has more viable patents to use against Apple, than the one being used against them.

---

As for the posts saying that Samsung is 'copying' the iPad and iPhone's looks are a bit disturbing, as there are a lot of companies producing hardware that look far more like iPads and iPhones than Samsung's products.

And as for customer being 'misled' into thinking their products are iPhones or iPads, I would imagine the large 'SAMSUNG' printed on the front of the phones and tablets would be a very good clue that they are not trying to confuse anyone or are pretending to be Apple.

Well no offense but samsung had it coming the galaxy s ii looks lot like the iPhone. Some people might be mislead thinking that it's an iPhone. I'd like to see how this will turn out to be.

thnok said,
Well no offense but samsung had it coming the galaxy s ii looks lot like the iPhone. Some people might be mislead thinking that it's an iPhone. I'd like to see how this will turn out to be.

This...

I mean, Apple has got a point. You look at the latest Samsung Android phones and tablets and they are a carbon copy of iOS and the iPhone/iPad. The size and design of the device, the looks of the OS. I mean, from an outsider, if it weren't for the three buttons at the bottom, it would be the same thing.

Anyone else got the same idea?

dmeireles said,

This...

I mean, Apple has got a point. You look at the latest Samsung Android phones and tablets and they are a carbon copy of iOS and the iPhone/iPad. The size and design of the device, the looks of the OS. I mean, from an outsider, if it weren't for the three buttons at the bottom, it would be the same thing.

Anyone else got the same idea?

Yeah. I always feels my galaxy s and twlauncher looks so alike to iOS. Maybe samsung is not scare of Apple that why they don't care?

tanjiajun_34 said,
Yeah. I always feels my galaxy s and twlauncher looks so alike to iOS. Maybe samsung is not scare of Apple that why they don't care?

If that were the case they wouldn't counter sue. They are counter suing to bring Apple to the bargaining table where both parties basically say, its ok if you infringe on this patent that I own as long as I can infringe on this one you own.

Indeed, to be fair Samsungs counter claim is stalling bull****.

Their interface on the other hand is a rip. Hey if this was back in the day when this place was a skinning forum and two designers had released these icons etc it would have been called a rip.

AtriusNY said,
I am for once on Apple's side on this one.

Why?

Be honest with yourself for a second, do you really believe that Apple is the inventor of rounded background icons and an icon grid? If you do, there is a lot of computer history you are missing out on.

Anyway, let's assume they have some validity to being the innovator...

1) Apple is trying to get their usual, 'people are copying us' through based on 'look and feel' that was started a few decades ago with Xerox getting a patent for GUI innovations. This type of patent was very short lived, as the Patent Office stopped allowing patents like this around 1998. So by pursuing this, Apple is stretching even patent law with this, as it is to get patents to retake on the roles that should be in copyright and trademark. It is also pressing the issue by taking a portion of a patent that is not the intent of the patent, and using it as the basis for what they claim Samsung is violating.

2) Even if you love Apple, if they win this, it will destroy another chunk of reasonability of software patents, and open a floodgate of litigation which ironically would crush Apple when all the old dogs start digging around in their patent closets, as Apple would be painting a target on themselves, and they don't have the patents to protect their 'look and feel' of 90% of their own products.

3) Apple's is basically suing Samsung for something 'Google' designed, not Samsung.

4) Apple's patent itself and UI basis of the patent is a copy of several prior patents and copyrights that belong to companies like HP, Microsoft, IBM, Adobe, etc. They better be sure that these companies don't come to Samsung's aid, as they can not only kill this patent, but throw a few more patent claims on the fire and have both the iPhone and OS X pulled from the market completely.

5) Do an internet search of Apple suing Microsoft in the 1980s. It is very 'similar' to this case, as it had to do more with 'competition' and 'ego' than it did with 'copying' or 'law', and Apple lost this litigation pursuit over and over even as they kept adding on new complaints as Windows progressed.

The lawsuit was finally killed because Apple licensed all their GUI and Mac work to Microsoft with the trade off of Microsoft producing software for the Macintosh. Microsoft had already licensed, more so than Apple, all the other GUI innovations that came from Xerox. It was Windows 2.0 that pushed Apple's buttons and basically PO'ed them, and little do with actual legal infringment.

Once again Apple and Samsung were doing fine, until Samsung produced an Android based Tablet, this is Apple getting PO'ed again and taking revenge and trying to find legality in their ego/feelings gettting hurt.


...but let's be honest, Apple didn't innovate round icons or an icon grid on a portable device. Microsot has a ton of patents and prior art themselves from just WinCE, let alone going back to all school designs that literally can be found in the 1960s. (Even StarTrek could be used to kill this patent - which is likely, as HG Well's writings are responsible for many patents not getting approved or holding up.)

thenetavenger said,

....

How bout you be honest with yourself. Get off the moral high horse. Apple is a business just like every other business. Business's don't have morals. They do what is within the law(and sometimes outside of the law) whatever makes them money. Infringe on copyrights and patents and you deserve to get sued period. If Samsung did indead infringe on any patent or copyright that Apple owns, its Samsungs own fault. If someone else invented "round icons" before Apple started using them and got patent and copyrights on them, let them prove it. Then Apple would have to give up the copyrights and patents and pay that person money. Until then, it belongs to Apple.

If samsung stop producing chip's for Apple,
Apple are screwed for awhile
Samsung lose a bit of profit.

Apple stop playing god.

Xeraxic said,
If samsung stop producing chip's for Apple,
Apple are screwed for awhile
Samsung lose a bit of profit.

Apple stop playing god.


They wont, they have already signed a multi-million dollar contract to provide chips/etc.. to Apple they cant just break contract because Apples legal team are suing them.

Jenson said,

They wont, they have already signed a multi-million dollar contract to provide chips/etc.. to Apple they cant just break contract because Apples legal team are suing them.

Did Apple read the terms and conditions?

Xeraxic said,
If samsung stop producing chip's for Apple,
Apple are screwed for awhile
Samsung lose a bit of profit.

Apple stop playing god.

Not really, Apple is a premium customer for Samsung, not only for memory and chip but also for the screen.

last year:
Apple :i heard that you are selling LCD screen for mobile devices.
Samsung :Yep.
Apple :I want to purchase some LCD screen.
Samsung :Fine, how many?.
Apple :All.
Samsung :$_$ ... well, i can't sell you all but i agree to sell a big pack.

Apple and Samsung right now are best-friends, i bet that they are even friends in facebook.

Xeraxic said,
If samsung stop producing chip's for Apple,
They would loose more money (in profit, even before the resulting Breach of Contract suit ) than they will ever end up spending on legal fees / pay out to apple over all of this..

So all in all that's just a stupid idea.

Jenson said,

They wont, they have already signed a multi-million dollar contract to provide chips/etc.. to Apple they cant just break contract because Apples legal team are suing them.

Um, not necessarily... Companies kill contracts through loopholes and term violations very easily.

I cannot honestly imagine that any contracts that exist between Samsung and Apple would not have the basic dissolve and violation provisions, which Apple suing Samsung would trigger and give them the ability to dump the contracts almost instantly.

thenetavenger said,

Um, not necessarily... Companies kill contracts through loopholes and term violations very easily.

I cannot honestly imagine that any contracts that exist between Samsung and Apple would not have the basic dissolve and violation provisions, which Apple suing Samsung would trigger and give them the ability to dump the contracts almost instantly.

All true but if Samsung were to do that, they would get hit by the biggest antitrust lawsuit they have ever seen.

techbeck said,
Talk about being late to post this article. I posted this a few days ago.

Anyway, was bound to happen.


This is at least a week old if I recall correctly...

Elessar said,

This is at least a week old if I recall correctly...

Part of it was last week (South Korea, Japan, and Germany), but the news is that Samsung has filed lawsuits in the US now as well.

Fezmid said,

Part of it was last week (South Korea, Japan, and Germany), but the news is that Samsung has filed lawsuits in the US now as well.

Indeed. All the "welcome to last week" and "(insert name) posted this last week" comments are getting as old as the "Simpsons did it!" and "First post!" lines.

Fezmid said,

Part of it was last week (South Korea, Japan, and Germany), but the news is that Samsung has filed lawsuits in the US now as well.

Ahh, ok. Missed that. Thanks