Samsung has finally added the iPhone 5 to their infringement lawsuit, with the South Korean company claiming that all LTE-capable devices that Apple sells are in violation of eight patents the company owns. The lawsuit is already considered weak, as some of Samsung's LTE patents would be considered "standards-essential" and subject to FRAND regulations.
Samsung did threaten to "immediately sue" Apple if the new iPhone was LTE-capable, but at the time were unaware that Apple had already launched LTE-capable iPads a few months earlier. How Samsung would not know this, perplexes me, completely. Apple has maintained their stance, stating that they buy their LTE radios from Qualcomm, who has a full license for the patents and therefore that license extends to its customers.
The biggest issue for Samsung is if their LTE patents will be considered standards-essential when tested in court. The company is now at risk of having some patents ruled FRAND-eligible, which would weaken their portfolio. Worse, is if some of their patents are considered invalid, but Samsung are said to own around 12.2% of all LTE patents. Qualcomm and Nokia both hold equal, or larger stakes in the technology.
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