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August 11th, 2012, 10:22 GMT · By

Samsung Receives Major Blow in Litigation with Apple

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In the ongoing legal spat between California-based Apple and Korean electronics maker Samsung, the company behind the revolutionary iPhone and iPad has presented court evidence that shows Apple’s willingness to license patented technology to Samsung.

Why is this disclosure crucial to the conclusion of the lawsuit? Simple. Samsung’s refusal to agree to the licensing terms put forward by Apple in 2010 is basically the reason why the two giant electronics vendors are battling it out in court today.

As revealed
by All Things D, Apple offered to license its portfolio of patents to Samsung in 2010. Under the terms of the deal, the Korean company would be required to pay $30 per smartphone and $40 per tablet to Apple.

The high price reflects the fact that the Cupertino, California-based Apple Inc. had no doubts about Samsung’s wrongdoing − copying the design and functionality of Apple’s portables.

Apple told the Korean company in a 2010 presentation, “Samsung chose to embrace and imitate Apple’s iPhone archetype. Apple would have preferred that Samsung request a license to do this in advance. Because Samsung is a strategic supplier to Apple, we are prepared to offer a royalty-bearing license for this category of device.”

In an August 2010 presentation, the company then-run by Steve Jobs noted, “Apple has identified dozens of examples where Android is using or encouraging others to use Apple patented technology.” The paper was headlined “Samsung copying iPhone.”

“Many more Apple patents are relevant to the Android platform,” Apple said. “Apple has not authorized the use of any of these patents.”

It gets better. The same WSJ-owned blog also reports that Apple was also willing to give Samsung a 20 percent discount, should the Korean electronics vendor cross-license its portfolio back to Apple.

Ina Fried blogging for WSJ specifically notes that “Apple also sought royalties on Samsung’s non-Android smartphones, including those running the Symbian and Bada operating systems.”

Apple had also done the math for Samsung, showing the South Korean multinational conglomerate company that it would end up paying $250 million to Apple, which was actually far less than Apple was spending on component sourcing.

Needless to point out, this will not bode well for the Samsung camp in the ongoing litigation between the two giant electronics makers.


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READER COMMENTS:


Comment #1 by: Theodore A. Maschas on 13 Aug 2012, 13:39 UTC reply to this comment

Apple is being ridiculous. They want $40 per unit to license the rectangle shape? Something they don't even own. Hopefully the jury will see through Apple's arrogance. By the way Apple? Ever see the LG Prada? It's the phone you stole the iPhone's whole look from.


Comment #2 by: Game Changer on 14 Aug 2012, 08:23 UTC reply to this comment

If true, this revelation IS truly a game changer... as far as I am concerned.
Up till now, I have been inclined to think of Apple as the big, bad wolf; it now appears that it's Samsung instead, who has all the while been THE wolf, all dressed up in sheep clothing ...!!

Mind you, the Galaxy SII has been and still remains a resounding success (and I am still devoted to mine) but Samsung has been simply unethical .. and it is only right correct, Apple should prevail.

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