Android Central

HTC and Apple's recently-announced legal settlement and cross-licensing agreement has had some wondering if Samsung might follow a similar path and attempt to resolve its legal conflicts with Apple.

But Samsung Mobile boss JK Shin poured cold water on this speculation, indicating that the South Korean company would not be entering into any negotiations with Cupertino. According to Korean news agency YonHap, Shin recently told reporters, "it may be true that HTC may have agreed to pay 300 billion won (US$276 million) to Apple, but we don't intend to (negotiate) at all."

It's unclear where the 300 billion won figure has come from -- the details of the settlement between HTC and Apple remain confidential. Some have speculated that HTC might be paying between $6 and $8 per phone to Apple in order to make use of its patent portfolio.

Samsung and Apple have traded blows in courts around the world over the past year. In August, a California court found in Apple's favor, ruling that Samsung must pay Apple more than $1 billion for copying elements of its iPhone design and infringing other patents. In other territories, Samsung has been successful in defending against Apple's litigation. The British High Court recently ruled that Samsung did not copy Apple's registered design for the iPad, and ordered Apple to take out ads to correct the impression that it had.

Today's statement from Shin suggests we can expect even more legal wrangling between Samsung and Apple in the year ahead.

Source: YonHap News Agency

 

Reader comments

JK Shin: Samsung won't settle with Apple

62 Comments

Samsung seems to finally be coming into their own element. Though earlier samsung products were obvious Apple clones.

I agree with JK, No settling there comes a time where you have to respect your standing and make others respect it too. Htc has been and always will be SOFT afraid of apple. Samsung will never be afraid of apple and Samsung's products are better the difference between night and day. Mr. Tim Cook can go take a dump at the zoo. Apple sucks monkey balls...

I think Samsung should agree to pay Apple $8 a phone... ...then turn around and up the price of an Apple SOC by $8 a chip and just leave all of us customers out of the drama.

-Suntan

The problem with this is that Apple is working to build their own chips so this would be a short term (2-3 years) plan and a licencing agreement would have to last until patents run out.

I have a S3 and like most of Samsung's products but will be the first to say that their earlier products too closely copied Apples. They should pay for that but moving forward they shouldn't have to pay a dime. Most of Apples patents are a joke and the US patent system is as big of a joke. Unfortunately we need companies like Samsung to stand up to the big bully (Apple) and hopefully enough lawsuits will force reform in the US patent system!

The said thing for Apple is that they are losing customers and tarnishing their image. I used to like Apple products, not so much the iPhone/iPads, but their laptops. There is no way in hell I would ever purchase anything from Apple anymore after all the BS lawsuits. When the iPhone "fad" wears out Apple is going to dry up and likely go out of business. SJ's saved them a decade a ago but their is no more SJ to save Apple and they need a unique visionary like SJ to survive the next decade...

Samsung will be the only one screwed in a deal like this. Apple is already working on another chip vendor and when they find one they'll drop Samsung like last weeks news.

It will be quite hard to find a fab plant to pump out the required number of chips ate the fabrication level required. Only if Apple fall far, far further down in market share and therefore have very few devices on sale will they be able to do this currently.

Samsung also have some very big customers for their chips, even without Apple - namely themselves. This market is also growing.

Look at Apple's recent swap for displays over to Sharp - if Sharp go under there will not be sufficient factories to make the displays without Samsung.

Samsung is an important supplier to them and any attempts to remove them in the short term will leave them highly vulnerable to supply chain problems.

Ah, no.

Apple has already swallowed the 20% price increase on processors that Samsung handed it last week, and they won't find a fab that can meet their volume requirements, and they have zero experience in running their own fab. (Apple makes nothing themselves). This isn't a task you do with a bunch of half educated Chinese farm hands bused in from the country side.

There is nobody big enough to do this job except Samsung anywhere in the world.
Apple is 5 or 10 years away from being to build their own chips.

Samsung already raised the price by 20% for the upcoming iPhone5s and iPads. Samsung is basically saying if you try to corner us we can bite back.

They didn't raise the price.

Also, you're talking about two separate divisions that have no influence on each other.

Fair enough, good for them.

Apple has been the antagonist in pretty much all its court cases, so any form of negotiation is essentially admitting defeat and bowing down to Cupertino. Not only would that stick in *anybody's* craw anyway, but it's bad publicity -- it would implicitly admit wrongdoing, strengthen Apple's brand and perceived "ownership" of the mobile market, and weaken Samsung's position.

The last thing anyone should be doing right now is giving Apple reason to feel self-righteous. Any victories, whether through verdicts or settlements, will only encourage them to litigate further. Samsung is one (possibly *the* one) company with the size and market strength and diversity to plant their feet and call Apple out on its shenanigans, without too much concern over financial implications, so I'm glad they're taking this tack.

Guess I see his point. Why pay for something if you can copy and get away with it?

I'll give Samsung a little credit. Since they got called out for being copyists and taken to court for it they've become much more innovative as a company. So at least they have that. Still....this mentality of digging in their heels like they are somehow the victim here is kind of silly.

Apple is not a paragon of virtue by any means, but, in this instance, Samsung f'd up. No need to even fully admit it. Just do a licensing deal and make the stupid lawsuits go away and let the marketplace dictate the winner.

Don't count those chickens too soon there big guy...

The dust has not settled on the Apple/Samsung verdict, and the whole thing is likely to be tossed out. Since at least one of the key patents at issue has been ruled invalid, Apple would have far less chance of winning a new trial.

The single device (tab 10) that Judge Koh shot off her mouth as clearly violating Apple patents was found by the Jury to NOT be in violation of any patents. So the Judge is on the hot seat, not only for her big mouth, but also for running a shoddy voir dire. She has handed Samsung a perfect appeal issue.

A couple things:

-The verdict is not likely to be thrown out. Even the most optimistic evaluations of samsungs motions and possible appeals avenues say that the odds of Samsung getting the verdict overturned are minuscule. Anything related to the foreman is a non starter.

-None of Apples patents have been declared invalid. One of their patents is under examination and had a preliminary ruling made on it, but it was not ruled invalid. There were a lot of websites, AC included, that circulated a misleading article concerning that patent, without having any understanding of how the process work. A patent attorney at the Verge did a write up explaining what actually happened and why the original story got it so wrong.

-The judge did not 'shoot off her mouth' about anything, nor did she make any mistakes that would help Samsung in appeal. Obviously you are of the opinion she was biased, and so on, but nothing supports your assertion.

That patent wasn't invalidated. It has been put up for review. Huge difference. That is the first step to invalidation, but there are many more.

Complete bull, I disagree completely, there is no way Samsung copied Apple, did they make a phone with a glass front like Palm did before Apple, yes, like Nokia did before Apple, yes, if any I-Phone owner or would be owner went into a store to buy a phone and got the I-Phone and a Samsung phone mixed up then they must be legally blind. Open up any I-Phone and all as you see is Samsung written all over every part in the damn thing, doesn't that make it a Samsung device. The only reason this is talked about is because of the bogus law suit that Apple was awarded and will be over turned. Apple has not done anything innovative in years, they better come up with something new and quick because Apple will be in big trouble. Samsung has the most innovative software out of any device today. They are already designing new software for tomorrows phones. They are on fire. The only thing new in the I-Phone 5 is LTE, that is over 11/2 yrs old. The US courts gave out patents to Apple for just about anything they put on paper, all illegal and is just crap on paper. These so called patents will all run their course and Apple will be up shits creek without a paddle. Apple is in big trouble, they are scared and very jealous of this machine known as Android ala Google. Just My Opinion

So, he said they'll not licence Apple's patents and they prefer to pay penalties for copying...now it is time to order their crew to prepare another 132 pages of instructions how to copy others...
Who knows...may be it is cheaper for them to pay penalties, instead of hiring capable designers...

If you can't tell the difference between a Samsung and an Apple device, it's because you're an idiot. Samsung didn't copy Apple any more or less than Apple copied the DiamondTouch, the Fidler or the CT-100. The very idea of patenting a rectangle with rounded corners is so absurd, it defies explication. The only reasons Apple got and has retained the patent are 1. Patent office employees are clearly idiots and 2. Money.

But we all know the Apple vs Samsung nonsense isn't really about Samsung at all, they were just an easy target. It's about annihilating Android via the Jobs Jihad.

If that were the case then Apple wouldn't have just worked out the licensing deal with HTC. But they did....so that kind of goes out the window.

Truth be told....the mobile OS running on Samsung phones is not "Android". Everything put out by them, HTC, LG....it's all Android based. All of the stuff that comes along with TourchWiz and Sense make the OS something that barely resembles what you see on a Nexus device.

The software on a Galaxy S3 is as much Android as my copy of OS X is Unix.

I'd have to disagree with how much weight you put on OEM modifications. Yes, the "Android-based" line is technically correct, but I'd have a really hard time saying that any one of Sense, TouchWiz, Optimus UI and the like "barely resembles what you see on a Nexus device." The important thing is that they can all run Android apps. This alone makes them, for most everyday conversations, Android devices. I really doubt that Steve Jobs cared about such nuance.

I can understand the complaints about devices like the Kindle Fire HD or Nook which have been so heavily skinned it barely qualify's as an Android device.

I would love to have the choice of either loading stock Android or their skins without rooting. But the newest versions of Touchwiz or Optimus (not sure about the new Sense) is their less bloated skins yet.

After buying an N7 I can appreciate what stock Android is all about. But all this ranting and raving from the hardcore faithful about skins is getting really tired. It's still Android underneath and that's what matters.

Have to agree.

Skin ragging is taking on dogma levels now. After playing with bone stock 4.1 for a couple days... ...I installed a 3rd party launcher. Why? Because stock android didn't really offer me what I wanted in the UI. Big deal.

In any case, android is not the exact buttons or widgets you are or are not allowed to place on your screen, android is the entire system (and all its variants) that generate software developer and hardware vendor interest in providing us more and newer cool gadgets/apps.

-Suntan

It *is* about Android *AND* Samsung.

Samsung is by far the largest competitor to Apple. By far. They're the only company (since the launch of the iPhone) to have 1 phone to outsell the iPhone.

Apple knows if it can destroy Samsung's Android lineup, Android itself will sink. Apple doesn't care about the low end of the market, because all of the profit (hardware, apps, etc) is made on high end devices.

Long before the iPhone came out, Samsung made a phone called the Instinct and IMO all iPhones look like that phone minus the the button at the bottom so Apple never came up with any revolutionary designs, just made carbon copies of other ideas and claimed it as theirs. Like stealing apps when android had it long before apple came up with it.

The fact that the early (secret) prototypes from Sony look so similar to Apple shows that the basic form is more form follows function than intrinsic Apple style. And being mad about all the superficial stuff like the color of the icons or the squareness of the corners is a bit ridiculous for litigating. It is also what people think of when they make the accusations about copying. anyone who picks one up and actually uses it will see that the"copying" is quite superficial.

I'm pretty sure the iPhone got its App Store months before the first Android phone was released in 2008. And besides, applications on other platforms (Windows, Mac, Linux, etc.) date back to before I can remember.

There were 3rd party apps stores LOOOONNNGG before Apple launched the iphone. I remember buying apps for my Palm Treo years before the iphone was launched. Anyone remember Handango?

The instinct came out in mid 2008 a year after the iPhone came out. And btw the first Android phone (HTC Dream) which I had the pleasure of owning came out in late 2008. The Apple app store was already running months before then. And apps were on phones before they all both came out, just not very good ones like we see today. If you're going to criticize do some research.

Haha, I will! I think HTC makes arguably the best WP and I think undeniably the best Android phone (DNA). I just wish they would sell more to be more profitable to research more to make even better pieces of hardware.

I'll dream on it for now though. :)

I don't give a rat's butt about either manufacturer (the way you guys jump on manufacturer bandwagons cracks me up) but the GSIII and Note 2 both more than give the DNA a run for its money, as does the Nexus 4. It all depends on what you prefer in your phone.

Well, this gets back to what's so great about Android: we have choice. I like to use my phone one-handed, so big phablets like the Note II and the Droid DNA just don't appeal to me. For me, the HTC One X/X+/EVO LTE is the best phone, mainly because of HTC Sense, build quality, and that amazing screen. Others prefer all the features and speed of the SGS3, the stock Android goodness of the Nexus 4, or the big screens of the DNA or Note II. Best for me doesn't equal best for everyone else.

Amen. I think the DNA and Note II are great pieces of tech. I'd never want either one though. They're larger than I'm comfortable with. I'd rather have my GNex and pick up a Nexus 7.

Good for Samsung, it's not often I identify and support a massive Corporation, but in this situation, in which apple is clearly litigating because they know they are failing to innovate fast enough to keep up with the competition, I support Samsung fully, Android and it's OEM's are the ones who are innovating at this point, Apple is playing catch up and litigating to try to keep it's competitors down, with mostly bogus and obvious patent's which should have never been issued.

I wish all phone companies would negotiate and make some kind of pact. It upsets me that Samsung is too hot-headed to even negotiate. They aren't forced to settle to any terms, so the least they can do is negotiate and hopefully after a few tries they could come out with a deal that is fair to both of the companies.

Negotiate what terms? On a rectangle with rounded corners? You do know that just about every major case between Apple and Samsung outside of the US (i.e. not on Apple's home turf) has been found in favor of Samsung. The UK courts even ordered Apple to apologize publicly for wasting Samsung's time and money.

You're clearly biased. The results from different countries have been far from one-sided, they're very mixed and cover many issues, not just the phone's shape.

'Clearly biased'? Really? And mixed? Why should Samsung negotiate when you yourself are saying the results have been mixed? Consider the stupidity of that for a moment.

So why would Samsung negotiate with Apple? Apple doesn't negotiate, either you pay them money, like HTC, or they take you to court and litigate forever while refusing to pay FRAND licensing fees (yeah, don't forget that part). Why should Samsung hand over their (and ours since the consumers ultimately pay) proverbial lunch money to the Apple bully when many judicial systems have tossed Apple out on their backsides? You don't buy a phone because it is rectangular with rounded corners. Or because of bounceback. You buy or don't buy a phone because it has (had) 3g technology. You don't see suits between HTC and Samsung. Or LG and Samsung. Or Sony and HTC. This legal crapstorm is rooted in Cupertino.

How about I come to your house and beat you up every day until you give me $100. Or, instead, you can just give me $100, and we'll save you a bloody nose and me the skinned knuckles. That's the choice when it comes to negotiating with Apple.

Quote:

It's unclear where the 300 billion won figure has come from -- the details of the
settlement between HTC and Apple remain confidential.
----

LOL. I'd bet Samsung had ful knowledge of those settlement terms, probably before they were announced. Only the press is in the dark about this. You can't hide that kind of money in your financials.

Samsung's public remark was simply twisting the knife, and letting Apple and HTC know that "all your secret are belong to us".

The courts will not look kindly on this. Samsung and apple may end up being forced to settle using the HTC deal as a template.

Which courts? The UK courts gave Apple their day and told them to stick it. the Japanese courts never gave them a day in court. The US courts found for Apple, but a jury led by a man who was sued by a Samsung partner/subsidiary and ignored prior art (which was a huge part of this case) is hardly a fair trial.

There is no doubt that legal systems are getting sick of hearing about this garbage, but surely they can't help but notice that the company behind 90+% of these suits is Apple.

They will force a settlement. Samsung refusing outright to even consider a settlement will not be looked kindly on by the court system.

Also, you are mistaken about the foreman. Seagate was not a subsidiary of Samsung when he worked for them, and any insinuation that he somehow acted to get revenge on Samsung is laughable. They also did not ignore the prior art, which you would know if you actually looked at the verdict.

Its not that they ignore, is more like that the foreman convinced everyone that prior art must be still selling to count.

Spoken like a true non-lawyer that has no clue how american courts operate. There isn't a single judge in America that Samsung gives a crap about. These suits are all about money and while Apple has tons of cash they will not have the abilityto continue litigation while their market share continues to drop.

Samsung wins this war regardless of the outcome of the battles.

By the time Apple can make its own chips the iPhone will have 5% market share. Same with all the legal battles...Apple will soon be no more than a patent troll. This happened before, remember how the original Apple computers had NO competition? Then they got too big for their britches, sued MS for 7 years and nearly went bankrupt.

F Apple.