This article was published on October 14, 2011

Apple to Samsung: Your mobile patent lacks novelty and you didn’t invent it


Apple to Samsung: Your mobile patent lacks novelty and you didn’t invent it

Apple has attempted to strike a fresh blow against rival smartphone manufacturer Samsung in its fight over mobile and tablet patents after it said the Korean electronic giant’s mobile patent “lacks novelty” and was not invented by the company, Yonhap News reports.

Both companies returned to a Seoul court, a day after the Korean vendor saw its attempt to overturn a ban on its tablet device in Australia denied, debating the origin of the so-called 234 patent where Samsung believes it invented the technology that facilitates wireless data transmission.

Samsung lawyers told the court:

 “The 234 patent solved the problem of data damage in wireless data transmission, so data can be transmitted safely whether it is ceramics, books or fresh food.”

Apple countered saying that Samsung’s patent was not a world standard and was simply an extended property of an already existing standard. Lawyers representing the Cupertino-based company said Samsung’s portion of the 234 patent is “very limited” and the way the Korean company solved data damage differed from that of the global standard.

“The patent contributes to the bit exchange process, which is applicable only in limited cases. It lacks novelty and progressivity.”

Judge Kang Young-soo has said Apple must submit details that explain the mobile chip algorithm to prove its argument.

Yonhap says that apple must disclose manufacturers and sellers of its mobile chips:

The judge also asked Apple to disclose specific manufacturers and sellers of its mobile chips by Oct. 28. Samsung has asked its rival to release the name of the Intel Corp. affiliate that supplied chips for the iPhone. Samsung said once a name is released it will disclose the license agreement terms Samsung has with Intel for the specific chips.

Samsung claims that Apple used mobile chips that violated Samsung’s patent, although Apple disputes this, countering that the U.S. company bought license rights through its payment to Intel. Samsung and Intel signed a license agreement that ended in 2009.

Apple and Samsung will return to court on December 9, with Apple’s own case being heard on November 25.

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