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iPhone 5 infringes 8 of Samsung’s LTE patents, Koreans seek sales ban

It is official, Samsung will file a complaint against Apple over 8 LTE patents used in iPhone 5.  This is, basically, the confirmation of the South Koreans’ plans to sue Cupertino-based tech titan after the launching of its fifth generation iPhone.

iPhone 5 was launched in September 12th and just like the launching of the previous versions, it did make a buzz in the tech market as well as in Wall Street. In fact, Apple’s shares skyrocketed even prior to the official announcement of its flagship this year.  It is evident that even if other tech enthusiasts see newer iPhones to be “lacking in innovation,” it remains popular primarily because it is “Apple.”

South Korean manufacturer Samsung is currently the top LTE patents holder and it is only this year that Apple acquired over 400 LTE patents. Meaning, majority of smartphones offering LTE connectivity have, in one way or another, used one of Samsung’s patents and iPhone 5 and iPad are no exceptions.

But the thing is, Apple has seen this coming because Samsung has been so vocal about its plan to sue the tech company for infringing LTE patents. Thus, it has already built defenses against possible attacks by Samsung.

The 8 patents in question need to be validated and determined whether it is from Samsung’s portfolio. One thing about patent legal battles is that it will take as much time as needed to prove a patent is a sheer innovation from one company; now imagine there are 8.

Here is a part of Samsung’s official statement:

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. On September 12, 2012, Apple announced that it will release the iPhone 5 on September 21, 2012. 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 plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device. Because Samsung believes the accused functionality of the iPhone 5 will be similar to the accused functionality of other accused Apple products, Samsung does not believe that amendment of its infringement contentions should affect the case schedule.

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