Week 5, Post 2 — Samsung's failed assertions

Samsung recently lost a cellular standard-essential patent (SEP) lawsuit against Apple in Japan. The patent-in-suit corresponds to U.S. Patent No. 7,447,516 on a "method and apparatus for data transmission in a mobile telecommunication system supporting enhanced uplink service."

Things look grim for Samsung now. Of the 25 SEP assertions by Samsung against Apple that have come to judgement or been dropped, only three have been successful— two in South Korea, and one in the Netherlands.

Samsung's loss in Japan is it's 22nd SEP assertion that went nowhere. A series of losses against Apple by samsung and other companies brings to the forefront Apple's obvious supremacy in patent battles.

Apple highlighted this fact:

"Apple's experience has shown that declared-essential patent holders often fail to satisfy their burdens of proof on these issues in litigation. For example, MMI has asserted ten declared-essential patents against Apple in the United States and Germany. Nine of those patents have been found invalid or not infringed (or both). Similarly, Samsung has asserted over 20 allegedly essential patents against Apple. To date, Samsung has lost thirteen decisions (either because of non-infringement or invalidity or both) and won only three. In addition, Samsung has dropped eight other declared-essential patents, tacitly recognizing the defects in those patents."