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Apple gave Samsung a chance to settle patent infringement claims in 2010 without lawsuit


We all know that Samsung and Apple are embroiled in patent infringement cases that make most peoples’ heads spin. But in a court filing released by Apple, the company claims that it had given the Korean giant plenty of time to respond and change its designs.

For instance, starting in July 2010, Apple representatives provided notice to Samsung that it infringed Apple’s patents and designs. On or about August 4, 2010, Apple representatives met with Samsung in Korea and showed a presentation titled “Samsung’s Use of Apple Patents in Smartphones.” This presentation emphasized Samsung’s copying of the iPhone and identified two of the patents-in-suit (the ’002 and ’381 patents), giving Samsung actual notice of at least these patents, and many more.

On or about August 26, 2010, Apple sent Samsung an electronic archive file containing claim charts further illustrating Samsung’s infringement of Apple patents. A presentation document that accompanied these claim charts identified the ’002 and ’381 patents as two patents that Samsung products infringed, and it substantiated these allegations with text from the patents and photographs of Samsung devices illustrating infringing functionality. Apple later presented these slides to Samsung at a meeting in Cupertino, California on or about September 9, 2010.

Moreover, even after Samsung indisputably had actual notice of its infringement of all of the Apple patents-in-suit as a result of the filing of this lawsuit, it continued the development, manufacture, importation, distribution and sale of electronic devices as to which there was no objectively reasonable theory of non-infringement. Samsung continues its willful infringing activities to the present.

But, as we know, Samsung not only ignored the claims are are counter-suing Apple in several countries for patent infringement of their own. Apple’s filing with the California state court will likely be followed by a defense by Samsung, so we’ll have to see what they say.

Considering Steve Jobs was quite vocal about his feelings towards Samsung’s presumed infringement, Apple still relies heavily on the Korea company for internal components. Obviously the consumer-facing issues over finished products and designs, and the less-known component sourcing, are based on very different parts of the two companies, we have to wonder what Apple has to gain from pursuing these lawsuits so intently, especially since Samsung has been able to wiggle out of every injunction Apple has thrown at them thus far.

Source: Apple
Via: The Verge

  • DoctorCell

    ho, I guess they are so kind…

    • Kaiden

      I don’t believe one word that Apple says! Sore losers

    • JUST SAYING

      This confirm how Apple’s product is going down every day.

    • Boojay

      So Apple is suing Samsung for a design Samsung copied from LG first and Apple after?

      Makes sense.

  • P.L.

    How many of Apple’s patents have actually held up in court? Like 2 or 3? Why the hell would Samsung listen to Apple?

  • EvanKr

    Apple’s just (once again) being ridiculous. I’m assuming that Samsung didn’t change their designs because they believed that they weren’t infringing any patents. Some of those patents that Apple files are so incredibly vague, that just about ANY smartphone on the market would be in violation of them. It seems as though if the device has a physical home button with a touchscreen above it, Apple will find some way that it’s “Infringing” on its design. Let’s be honest here, there aren’t that many ways to design a smartphone. Also, it’s important to keep in mind that Apple has infringed and “borrowed” ideas from many companies, including Samsung, in the past.

    Samsung controls lots of what Apple makes, Apple relies heavily on them for many iOS internals. What I’d personally like to see Samsung to is pull the plug on them one and for all, but they probably make quite a bit of profit off of it. It’s a bit ironic that they keep trying to compete with each other, meanwhile they’re only feeding the fire.

  • Guy

    I view Apple and Samsung like the 10 year old kid and his 3 year old brother. Big Brother gets a toy, but then Little Brother gets a better toy. It’s the big brother’s duty in life to keep pushing over his little brother and trying to destroy his toy, but little kids are programmed to just continuously get back up and keep on keeping on.

  • Bobby

    Apple and Samsung are just lovers which like to tease each other with lawsuits

  • Dave

    Well, of course they offered to settle before hand. If they didn’t, they couldn’t have sued.

  • Yeria

    Perhaps Samsung ignored those claims because they felt it was baseless. Why should they settle for anything if they’re not infringing on any patent?

  • Karmela

    Weren’t Apple’s stipulations really ridiculous like “can’t have a bezel” and “no rectangular shaped products” anyway? No wonder Samsung didn’t settle.

  • Sam

    Apple = Evil. Google = Stupid, Samsung = Indifferent.

  • Dave

    I don’t think I’d ever sue the company that’s currently processing the processor chips needed for my company.

    • Dimitri.k

      Exacly. Why would they sue Samsung when Samsung is supplying them with all the things Apple needs :/.. I know this is how business goes but Apple is like a little kid with toys. If Apple does not like what they see, They see you, Exactly like a kid when you tell him to eat, they yell & scream.

      If Apple was right then they should have won all the lawsuites & Samsung would have been either forced to shut down or re make everything. YET Apple has ONLY one 2-3 cases out of 20 something they have made.

  • shaggyskunk

    Funny, I had offered Samsung the opportunity to settle over the ICS update delays… Guess I’ll have to sue…

  • Me Ted

    Apple – “We’re telling you this ahead of time so that you make the necessary changes. We don’t want to go to court.”

    Sammy – “Thanks for the heads up. We’ll take our chances. Now how many screens did you want again?”

  • Mike

    If I were Samsung I would cut Apple off as a customer.

    • Me Ted

      Look I hate Apple as much as the next guy but that would just be foolish. If Samsung says piss off Apple, Apple simply says, “Next” and that ‘next’ can easily be LG or Sharp or…etc. It’s better to take the untold billions and keep them happy on that front. Piss them off on the competitive front though and keep putting out awesome iPhone killers every 5 months or so.

  • Marc-Olivier Hétu

    I don’t know if saying “oh come on, stop selling all your products and we will stop the lawsuit” can be considered as giving a chance to settle patent infringement lawsuits…

  • Anthony

    All you people saying “Samsung should stop selling parts to Apple” don’t get it. It’s simple business. If Samsung decides to cut off Apple based on a retaliative (emotional) maneuver, Apple will find another OEM to produce its products, and Samsung will lose billions of $$ in sales. Samsung can’t afford to do that.

    It’s a sad reality, but Apple has a lot of bargaining power when it comes to vendors, and the abuse the hell out of it. Which vendor is dumb enough to turn down 3 million unit sales over a weekend and 10′s of millions per year?

    • Joojo

      FYI … Samsung Electronics(i.e. makes smartphones/tablet/tv..etc) is one of Samsung’s many business branch. It can afford to lose Apple as a customer if it comes to the worst(and Yes I agree that Apple is one of their big customers in the Electronic industry).

      Apple is only an Electronic giant and has no foothold in any other major businesses. So, they better watch what they do when they cut deals with Samsung.

    • PkaTka

      It’s funny how the article says that apple try to reach out but apple haters or ihaters are still hating. Even Samsung’s freakin’ charger is the same as Apple’s… well they changed it from white to black

      Please keep on hatin’… that’s all you got.

    • ruddias

      Yes because Apple invented the charger…

      Personally I think Samsung should make a triangle charger, which has moving star cut-outs circling the power brick. But it can’t run on electricity, Apple does that, so this Samsung charger runs on magic. Oh wait. Apple used ‘magical’ as an adjective once, Samsung can’t do that… And they have to make it out of moon rocks because Apple has never made a product out of moon rocks.

    • PkaTka

      @ruddias this is how, well, stupid you are. Apple did not invent the charger but it came up with the design of their charger. Would it be hard for samsung to re-design it? No. They chose the copy it. It’s like apple did not invent packaging, yet samsungs initial retail packages were just like apple’s except with their logo on it.

      usually i dont say that but you ruddias are a complete i***t.

  • Anthony

    @Joojo:

    Apple is probably one of Samsung’s largest customers, if not THE largest. If Samsung doesn’t want Apple’s business and Apple takes its business to LG, what do you think that does to Samsung’s business? What do you think Samsung’s investors will feel about Samsung losing their largest customer to their largest competitor?

  • Bryan MacKenzie

    Samsung makes the cheapest parts and is making money off apple. Why would they stop?

  • Matt

    Of course Samsung is going to turn them down. More than half of the claims that are made based on patents are frivolous. The patent system needs a revamp as the most common things can be patented. Specific design should be patentable, but common components of it should not, yet they exist. Doe the government make money off patents? Maybe thats why so much bullshit goes through.

  • Somebody

    And I hope Samsung showed them middle finger when Apple came to them for settle: Infringement.

  • jr67

    joojo wins for stupidest comment of the day. By that logic, any company could afford to lose their largest, most important customer. Sorry, Apple is the whale everyone in the component business wants to land. They might not go out of business if the lost them, but it is the last thing they want,

    • joojo

      JR67…I think yours surpasses mine. Read my comment clearly before commendting. Go do your research first. You must be an apple fanboy. I did mention that Apple is one of Samsung’s biggest customer under their Electronics business. Ofcourse it’s stupid lose your largest(or one of the largest) customers.

      My argument is, if both cease each other’s business, the Apple would be hit the hardest one.

    • PkaTka

      @joojo how about u do ur research first. Samsung’s screen division is making barely any profit. With Apple go, you might as well say bye bye to any samsung screens. Besides, sam + apple have an agreement. Clearly you are in drama or cinema studies, but had you worked in any sort of business environment, you would have noticed that contracts do mean something.

  • Someguy

    Apple : “Hi,Samsung,thanks for comong . Have a seat.”

    Samsung : “What’s this about buddy? Do you need a more processors for your silly iPhone?”

    Apple : “Funny you should bring that uo … We have these 2 extremely weak patents that we think you kinda sorta infringe on a tiny little bit.
    We want $15 per device per infringement.”

    Samsung : “that’s $30 per phone for two patents that
    should have been invalid from the get go. The typical licencing rate for this sort of things is usually around $5 to cover all infringements.”

  • shaggyskunk

    Apple does not have any Patents pending, only lawyers…

  • Tomatoes

    Of course Samsung would ignore them. Haha

    Apple: give me your lunch money or I will tell on you to the i***t principle(American patent office).

    Samsung: screw you.

    Exactly the way anyone would have handled it.

  • Someguy

    @continue

    Apple : “we dont care we”ll sue you.
    We have $100 billion I waste in court. How much disposable money do you have?”

    Samsung : “not that much…. WE PREFER TO REINVEST OUR PROFIT INTO REAL INNOVATION.”

    Apple : “we will see you in court then ….. but we won’t tell you when.”

  • Doug

    Anybody see the Globe & Mail article about Apple ordering 4.6 inch screens from Samsung?

  • JOHN WU

    SAMSUNG IS A WAY RICHER COMPANY THEN APPLE, THEY ARE MAKING PRODUCTB ALMOST YOU CAN THINK IN LIFE, PERSONALLY I THINK FOR THE CASH SAMSUNG GROUP HAS IT WILL BE SURE ENOUGH TO BUY APPLE IN CASH!!!!!!!!

  • Ron Mexico

    Samsung did the right thing, told Apple to get bent.

  • Jesse

    You people are hilarious.

    It’s these kind of comments that drive consumerism in NA. You’re defending either corporation who couldn’t care less about you. Just let it go already, you look like fools.

  • shaggyskunk

    Apple is the wallmart of the technology industry.. They treat their workers & suppliers like garbage!

    • PkaTka

      @shaggy yet u still go to walmart. Other retailers aren’t any better.

  • LeafsFan77

    Just because Apple says it’s true, doesn’t mean it’s true.
    Antenna problem, what antenna problem?
    New iPad heating up, with in specs.

  • mattman

    It makes me laugh whenever I hear that Samsung has copied the iPhone charger. If it was the same why doesn’t it fit in any iPhones or iPads?

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