Samsung is planning legal action against Apple’s newly announced iPhone 5, alleging that it infringes on patents covering 4G LTE technology, a Reuters report suggests.
Still fuming from its recent courtroom defeat for ‘willfully’ copying Apple’s patents, the South Korean tech titan is now mulling retaliation against its some-time pal, other-times arch-nemesis over the inclusion of the super-fast cellular standard by seeking a preliminary sales injunction at a US court.
"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," it said in a 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."
The S-giant holds an impressive 12.2 per cent of all 4G LTE patents, behind only Nokia at 18.9 per cent and Qualcomm, which makes 4G chips for Apple, at 12.5 per cent.
However, Florian Müller of FOSSpatents, doesn’t think Samsung has much of a case. At least not in the way it’s going about matters.
“Even with 12 per cent of all 4G/LTE patents, Samsung can't claim a 2.4 per cent royalty on Apple's products. If you extrapolate this percentage to the entirety of 4G/LTE patents, Apple would have to pay 20 per cent of its sales -- tens of billions of dollars a year -- to the collective owners of 4G/LTE patents,” he explained.
Apple and Samsung are embroiled in a legal tug-of-war in ten countries. Further legal drama will only see animosity between the companies deepen, especially with chatter that Apple is pressing for triple damages worth a whopping $3 billion from the jury ruling.