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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

Discussion

43 comments for “Apple gave Samsung a chance to settle patent infringement claims in 2010 without lawsuit”

  1. ho, I guess they are so kind…

    Like or Dislike: Thumb up 20 Thumb down 1

    Posted by DoctorCell | March 23, 2012, 9:13 am
    • I don’t believe one word that Apple says! Sore losers

      Like or Dislike: Thumb up 47 Thumb down 7

      Posted by Kaiden | March 23, 2012, 9:23 am
    • This confirm how Apple’s product is going down every day.

      Like or Dislike: Thumb up 36 Thumb down 6

      Posted by JUST SAYING | March 23, 2012, 9:38 am
    • So Apple is suing Samsung for a design Samsung copied from LG first and Apple after?

      Makes sense.

      Like or Dislike: Thumb up 6 Thumb down 2

      Posted by Boojay | March 23, 2012, 12:50 pm
  2. How many of Apple’s patents have actually held up in court? Like 2 or 3? Why the hell would Samsung listen to Apple?

    Like or Dislike: Thumb up 49 Thumb down 5

    Posted by P.L. | March 23, 2012, 9:19 am
  3. 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.

    Like or Dislike: Thumb up 46 Thumb down 3

    Posted by EvanKr | March 23, 2012, 9:23 am
  4. Hidden due to low comment rating. Click here to see.

    Like or Dislike: Thumb up 7 Thumb down 19

    Posted by Guy | March 23, 2012, 9:24 am
  5. Apple and Samsung are just lovers which like to tease each other with lawsuits

    Like or Dislike: Thumb up 27 Thumb down 4

    Posted by Bobby | March 23, 2012, 9:30 am
  6. Well, of course they offered to settle before hand. If they didn’t, they couldn’t have sued.

    Like or Dislike: Thumb up 21 Thumb down 2

    Posted by Dave | March 23, 2012, 9:31 am
  7. 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?

    Like or Dislike: Thumb up 25 Thumb down 2

    Posted by Yeria | March 23, 2012, 9:37 am
  8. 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.

    Like or Dislike: Thumb up 26 Thumb down 1

    Posted by Karmela | March 23, 2012, 9:45 am
  9. Apple = Evil. Google = Stupid, Samsung = Indifferent.

    Like or Dislike: Thumb up 15 Thumb down 21

    Posted by Sam | March 23, 2012, 9:51 am
  10. I don’t think I’d ever sue the company that’s currently processing the processor chips needed for my company.

    Like or Dislike: Thumb up 29 Thumb down 1

    Posted by Dave | March 23, 2012, 10:07 am
    • 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.

      Like or Dislike: Thumb up 14 Thumb down 1

      Posted by Dimitri.k | March 23, 2012, 10:18 am
  11. Funny, I had offered Samsung the opportunity to settle over the ICS update delays… Guess I’ll have to sue…

    Like or Dislike: Thumb up 20 Thumb down 0

    Posted by shaggyskunk | March 23, 2012, 10:13 am
  12. 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?”

    Like or Dislike: Thumb up 28 Thumb down 2

    Posted by Me Ted | March 23, 2012, 10:23 am
  13. If I were Samsung I would cut Apple off as a customer.

    Like or Dislike: Thumb up 18 Thumb down 4

    Posted by Mike | March 23, 2012, 10:54 am
    • 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.

      Like or Dislike: Thumb up 2 Thumb down 1

      Posted by Me Ted | March 23, 2012, 2:32 pm
  14. 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…

    Like or Dislike: Thumb up 13 Thumb down 0

    Posted by Marc-Olivier Hétu | March 23, 2012, 10:57 am
  15. 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?

    Like or Dislike: Thumb up 17 Thumb down 0

    Posted by Anthony | March 23, 2012, 11:08 am
    • 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.

      Like or Dislike: Thumb up 12 Thumb down 2

      Posted by Joojo | March 23, 2012, 11:18 am
    • 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.

      Like or Dislike: Thumb up 1 Thumb down 6

      Posted by PkaTka | March 23, 2012, 2:06 pm
    • 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.

      Like or Dislike: Thumb up 6 Thumb down 3

      Posted by ruddias | March 23, 2012, 4:32 pm
    • @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.

      Like or Dislike: Thumb up 0 Thumb down 5

      Posted by PkaTka | March 23, 2012, 5:35 pm
  16. @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?

    Like or Dislike: Thumb up 1 Thumb down 9

    Posted by Anthony | March 23, 2012, 11:29 am
  17. Samsung makes the cheapest parts and is making money off apple. Why would they stop?

    Like or Dislike: Thumb up 9 Thumb down 0

    Posted by Bryan MacKenzie | March 23, 2012, 11:29 am
  18. 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.

    Like or Dislike: Thumb up 13 Thumb down 0

    Posted by Matt | March 23, 2012, 11:33 am
  19. And I hope Samsung showed them middle finger when Apple came to them for settle: Infringement.

    Like or Dislike: Thumb up 8 Thumb down 1

    Posted by Somebody | March 23, 2012, 11:37 am
  20. 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,

    Like or Dislike: Thumb up 6 Thumb down 2

    Posted by jr67 | March 23, 2012, 11:42 am
    • 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.

      Like or Dislike: Thumb up 4 Thumb down 1

      Posted by joojo | March 23, 2012, 5:07 pm
    • @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.

      Like or Dislike: Thumb up 0 Thumb down 2

      Posted by PkaTka | March 23, 2012, 5:20 pm
  21. 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.”

    Like or Dislike: Thumb up 14 Thumb down 2

    Posted by Someguy | March 23, 2012, 11:52 am
  22. Apple does not have any Patents pending, only lawyers…

    Like or Dislike: Thumb up 0 Thumb down 1

    Posted by shaggyskunk | March 23, 2012, 11:52 am
  23. 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.

    Like or Dislike: Thumb up 11 Thumb down 1

    Posted by Tomatoes | March 23, 2012, 11:56 am
  24. @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.”

    Like or Dislike: Thumb up 15 Thumb down 2

    Posted by Someguy | March 23, 2012, 11:56 am
  25. Anybody see the Globe & Mail article about Apple ordering 4.6 inch screens from Samsung?

    Like or Dislike: Thumb up 6 Thumb down 0

    Posted by Doug | March 23, 2012, 12:35 pm
  26. 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!!!!!!!!

    Like or Dislike: Thumb up 4 Thumb down 4

    Posted by JOHN WU | March 23, 2012, 2:01 pm
  27. Samsung did the right thing, told Apple to get bent.

    Like or Dislike: Thumb up 6 Thumb down 1

    Posted by Ron Mexico | March 23, 2012, 2:36 pm
  28. 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.

    Like or Dislike: Thumb up 3 Thumb down 1

    Posted by Jesse | March 23, 2012, 2:47 pm
  29. Apple is the wallmart of the technology industry.. They treat their workers & suppliers like garbage!

    Like or Dislike: Thumb up 4 Thumb down 1

    Posted by shaggyskunk | March 23, 2012, 2:48 pm
    • @shaggy yet u still go to walmart. Other retailers aren’t any better.

      Like or Dislike: Thumb up 4 Thumb down 0

      Posted by PkaTka | March 23, 2012, 5:16 pm
  30. 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.

    Like or Dislike: Thumb up 4 Thumb down 0

    Posted by LeafsFan77 | March 23, 2012, 8:42 pm
  31. 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?

    Like or Dislike: Thumb up 1 Thumb down 2

    Posted by mattman | March 24, 2012, 5:36 pm

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