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Home » » The Cold War Continues ! : Samsung, HTC to block US, EU sales of Apple iPhone 5 Over LTE dispute

The Cold War Continues ! : Samsung, HTC to block US, EU sales of Apple iPhone 5 Over LTE dispute

Apple last night (September 12) announced its first long-term evolution (LTE) iPhone at a launch event in the US, but reports suggest that rival Samsung Electronics will seek to have the phone banned over alleged patent infringement.

The iPhone 5 will compete against Samsung's already-established lineup of LTE smartphones, including the popular Galaxy S3 handset. 

iPhone 5 launch event: Phil Schiller, Apple's senior vice president of worldwide marketing, talks about the features of the new camera and iSight during an introduction of the new iPhone 5 at an Apple event in San Francisco, Wednesday Sept. 12, 2012.
© PA Images / Eric Risberg/AP
JK Shin, President and Head of IT for Mobile Commnunication Division Samsung Electronics at the Samsung Galaxy 3 Mobile Phone launch at Earls Court Exhibition Center, London
© Rex Features / Ray Tang


Apple and Samsung are also locked in an ongoing patent tussle, which recently resulted in Apple being awarded $1bn+ in damages after winning a high-profile case in America

The Korea Times reports that market watchers are expecting Samsung to use its larger chest of LTE patents to challenge the 4G iPhone.

In the first half of 2012, Samsung was the number one holder of LTE standard patents at the European Telecommunications Standards Institute (ETSI), with 819 patents, or 12.7% of the total. 

Apple only entered the top-ten list last year, although it is thought to have rapidly expanded its portfolio and now holds an estimated 434 LTE patents. 

As the two firms are battling it out for control of the $219bn global smartphone market, it is thought likely that Samsung will look to use its patents to challenge the LTE iPhone. 

Korean-based Samsung has not commented on the iPhone 5 launch. However, the firm applied for sales ban injunctions against the iPhone 4S with courts in Milan and Paris shortly after it was launched last year. 

Another motivating factor for Samsung could be that Apple recently added the Galaxy S3 to a list of alleged copycat products that it wants banned in the US market

However, some commentators have said that challenging Apple over LTE may be an unwise move for Samsung. 

Writing on his blog, patent expert Florian Mueller said: "I would strongly discourage Samsung from trying to use 4G/LTE-essential patents to shut down the iPhone 5. It won't improve Samsung's position. 

"It will only make things worse, especially with antitrust regulators."


Mueller advised Samsung to sue Apple for royalties over standard essential patents, rather than going after sales injunctions on the iPhone 5 LTE.

Separately, HTC is forging ahead with its bid to get the LTE iPad and iPhone banned in the US, after claiming that Apple's LTE technology infringes its patents. 

The Taiwanese smartphone giant presented its claims against Apple before a US International Trade Commission judge earlier in the week. 

After Apple's lawyers doubted the validity of HTC's LTE patents, judge Thomas Pender said: "Clear and convincing means something to me; I have to be pretty darn certain a US patent is invalid."

HTC has been among the first firms to launch LTE phones, including the HTC Thunderbolt on Verizon's LTE network in 2011.

Speaking in court, HTC America vice president Martin Fichter said: "LTE products were particularly important to our strategy in 2011. We're a pioneer in that field."
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