Samsung to Sue Apple Over iPhone 5 for Infringing on LTE Patents

The Korea Times reports Samsung will indeed sue Apple over the upcoming iPhone 5 based on infringing on LTE patents:

Samsung Electronics said Monday that it will sue Apple over its release of the iPhone 5 for infringing on its fourth-generation (4G) long-term evolution (LTE) connectivity patents, according to ranking officials.

“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 a senior Samsung who is directly involved with the matter, in a telephone interview with The Korea Times.

Apple is expected to announce the iPhone 5 at this Wednesday’s media event. At the end of August, the Korea Times also reported Samsung would “immediately sue Apple” if the latter released a phone with LTE connectivity, which was confirmed earlier by the Wall Street Journal.

Apple has recently acquired 318 LTE patents this year, or 4.9% of total LTE patents compared to the top 10 patent holders. It looks to be another massive legal battle, as Samsung looks to seek retribution after being punished by a California jury verdict to pay Apple $1.05 billion in damages.

Samsung believes LTE patents are not considered standard essential patents (SEPs), unlike what Apple argued against 3G patents in court:

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

Two South Korean wireless carriers, SK Telecom and KT confirmed today all but confirmed they would offer the next iPhone from Apple, that will utilize LTE networks. With Samsung set to sue Apple over LTE, the report notes both carriers will enter murky waters in trying to market the new faster iPhone 5 in the country.

What do you think? Does Samsung have a case here in suing Apple over LTE?

Founder and Editor-in-Chief of iPhoneinCanada.ca. Follow me on Twitter, and @iPhoneinCanada, and on Google+.

  • http://twitter.com/bertinio_7 Roberto Felgueiras

    Bullshit. You can’t make something a standard, then not allow others to follow that same standard. Charge them what you charge everyone else but a standard is a standard. Doing this will muck things up for everyone involved and could effect way more tech by turning this further into a pissing contest. I’d be one thing if all LTE networks all over the world were Samsung’s and they didn’t want to share it. Fine. But it must be illigal to ban a competitor for using tech you partially own on networks you don’t own at all. I hope this gets tossed. If it was the other way around I would still support it. You make something standard, you open it up for everyone and charge them all the same.

  • http://www.iphoneincanada.ca Gary

    Yeah, it’s insane. Samsung just wants to stay in the headlines with Apple, toe to toe. Too bad Apple will soon ditch Samsung from their supply chain, it’s inevitable.

  • http://twitter.com/bertinio_7 Roberto Felgueiras

    I feel that’s the reason behind this all… and it’s the only way to slow down an iPhone launch. I doubt the will be successful in the long run. I wonder if there are any issues about insider info about what to sue over. I mean, since they are in a position to know what may be (to a degree) in the next iPhone… does that illegally give them information to start a legal process, considering that the phone is a rumour and not fact yet.

  • Bobby

    I thought LTE was provided by wireless companies, while phone makers are more like making a receiver for the LTE. (I am assumung LTE is more in terms of meaning 4G).

    Either way I don’t really see this going for Samsung.

  • Future looks bleak

    It’s been said before and now again. All these patent lawsuits are getting in the way of innovation.

  • Matt

    It’s title for tat, Samsung wants to compete with Apple. I say Appleand Samsung should both grow up and quit tattling on each other.