Tuesday, January 29, 2013

Apple’s Defense Strategy against Samsung’s Patent Litigations

The Mannheim court, a German patent court, recently postponed its final ruling for Samsung due to invalidity possibility of Samsung’s 3G patents used in lawsuit against Apple. Most of Samsung’s 3G patents used in the litigation are filed during its participation in the 3GPP’s UMTS standardization, especially after 1999 publication of the initial WCDMA standard specifications. Apple is exploiting the initial WCDMA standard specifications combined with other prior arts such proposals presented by other participations during the 3GPP’s UMTS standardization process: Samsung’s sequential and accumulative inventions should be obvious!

For example, in ITC litigation, Apple alleged that the asserted claims of Samsung’s US7706348 are invalid in light of initial WCDMA standard specifications and a well-known technical book: “Reed-Muller codes were the only codes that had ever been used for encoding TPCI information in the initial WCDMA standard specifications. …  MacWilliams’ book is considered to be the Bible of error correcting codes (to a person of ordinary skill in the art). … 1999 Standard and MacWilliams text together disclose all of the elements of the asserted claims, and therefore render those claims invalid for obviousness.”

For more information, please contact Alex Lee at alexglee@techipm.com .
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