Last week Samsung said that they were going to take a more aggressive stance in the Apple/Samsung patent war. Despite the fact that Samsung has sued Apple in just about as many countries and court rooms as Apple has sued Samsung, it appeared that Samsung was the underdog.
Fast forward to today and Samsung has launched four new lawsuits against Apple, claiming that Apple’s iPhone and iPad devices that use third generation technology, infringe on Samsung’s patents. Yes essentially Samsung is suggesting that every single iPhone with 3G violates Samsung’s patents. A lawyer representing Samsung in the Netherlands told a Hague courtroom;
“Apple is consciously, structurally infringing the 3G patents.” (source: Bloomberg)
More after the break
Apple’s lawyers at first responded saying that the iPhone models that were 3g (almost every iPhone in existence today minus a handful of 2g phones), capable contained chips made by Intel and Samsung licenses were taken care of that way. They than went on to say they are in licensing discussions with Samsung right now so an injunction would be premature.
European courts move a lot quicker than US courts and if an injunction was granted it would be put into effect very quickly. Samsung’s lawsuit could not have come at a more inopportune time for Apple. It is widely expected that Apple will announce the next new iPhone next week at their Cupertino headquarters. It’s also expected that this will be a 3G only device and hence violate Samsung’s patents.
In addition to the injunction, Samsung may be hoping that Apple pushes back the release of the next iPhone to change the chip-set to get out of the patent violation. Apple typically releases iPhone models in the middle of the summer. Historically they are already late with this new device. While it gives Apple a great ramp up to the holiday season, a delay in release for any reason may mean they miss the 2011 holiday season.