iPhone 5 unlikely to affect Samsung-Apple patent war

Korean firm rumored to eye LTE patent lawsuit against Apple


Apple’s soon-to-be-announced iPhone 5 will not likely affect or change the course of the ongoing court battle with Samsung Electronics, the Korean manufacturer of Galaxy flagship smartphones.

Industry sources and analysts said it is highly unlikely Apple will come out and show the world its new smartphone that would expose and make itself vulnerable to its rival Samsung or other handset makers.

Based on its past performances and activities, Apple has always maintained a “Think Different” strategy, said a source in the mobile industry, pointing to the U.S. tech giant’s hardware and software such as iTunes, iPod, iOS, Macintosh and Final Cut Pro.

The company has shown new and different products with its own set of software and platforms incomparable to other technologies.

The market can expect Apple to unveil iPhone 5 ― whether it be a Long Term Evolution or 3G phone ― again with unique features and communication technologies that do not overlap with Samsung’s, for instance, Long Term Evolution patents, analysts said.

There has been growing speculations that Samsung, which holds more LTE patents than Apple, is ready to file a lawsuit against Apple should the U.S. company infringe Samsung’s LTE technology with the LTE iPhone 5.

Samsung said it has “no comment” on this market rumor.

Samsung mobile chief Shin Jong-kyun said to reporters Wednesday that there would be no “settlement” between Samsung and Apple. He also agreed to reporters’ comment that it would be difficult for Apple not to step on Samsung’s LTE boundaries, leading to yet more heightened speculation that the Korean tech giant will move to sue Apple over LTE patents.

This could also ignite a fresh patent battle between the two.

Shin previously said during an IFA media event that Samsung will not give into adversity, referring to its latest loss to Apple over patents and trade dress in a U.S. court, and will continue to provide consumers with innovative products.

However, analysts said that Apple’s or Samsung’s new smartphones are not part of the ongoing legal disputes in countries such as Germany, the Netherlands and Japan.

Aside from the recent sales injunction by Apple against Galaxy S3, the two are fighting over key patents and designs of old phone and tablet PC models, which are already fading from the markets.

Even Apple’s sales ban filing for the Galaxy S3 will take more than a year for a court to reach a ruling ― and by that time, analysts said, Samsung is expected to introduce a whole new smartphone and tablet PC lineup with different designs and user interface features.

By Park Hyong-ki (hkp@heraldcorp.com)