Samsung Electronics `determined` to sue Apple over patents

Samsung Electronics expressed its firm determination Wednesday to sue Apple for patent infringement, including legal action to ban the American company from selling the iPhone 5.

The Korean electronics giant, however, is unlikely to sue apple over the sale of the iPhone 5 in Korea considering the popularity of the smartphone among Korean consumers.

On legal measures against Apple, a high-ranking Samsung source told reporters at the company’s headquarters in Seoul, “Generally, patent suits are about patent royalties but Apple’s action isn`t about royalties. For Apple, it`s a matter of pride.”

The source apparently meant that Apple is using lawsuits to eliminate the perception that it lags behind Samsung in technological power by hurting the Korean company, which possesses a large number of patents in third-generation communication technologies.

“Apple wants to give the image that we are copying other technologies, but Apple has gotten a free ride in mobile technologies,” the source said.

Saying Samsung is determined to take on Apple, the source added, “We initially tried to put aside the matter and understand Apple since it`s a major customer of ours. In this situation, however, we have no choice but to take different measures.”

On Samsung`s response to the iPhone 5, Shin Jong-kyun, the company`s president of mobile communications, implied Monday that Samsung will file a lawsuit to prohibit the sale of Apple’s new smartphone. “Our legal team will announce our stance at an appropriate time,” he said.

The Samsung source, however, hinted at no legal action against the iPhone 5 in Korea, saying, “We should consider the right of choice by Korean consumers.”

Samsung is apparently passive in taking legal action against the introduction of the iPhone 5 in Korea because it does not want to foster resistance from iPhone fans. The company should also consider relationships with domestic wireless service providers that are eager to sell the iPhone 5 in Korea.

In the wake of a series of Apple lawsuits against Samsung that led to the prohibition of the Galaxy S in the Netherlands and the same ruling for the Galaxy Tab 10.1 in Germany, the Korean company has launched a full-scale legal offensive. Samsung sued Apple in The Hague in demanding a preliminary injunction against iPhones and iPads that use 3G technology.

In a public inquiry in a Hague district court Monday Samsung has not ruled out lodging a separate lawsuit against Apple for what it called the latter’s illegal disclosure of the royalty amount. Apple said at the court, “Samsung is requesting an excessive amount of royalties for a 3G communication chip, which is 2.5 percent of the chip’s price.” Against this, a Samsung source said, “It is common practice to handle royalties in secret negotiations. Therefore, it’s unimaginable for a company to leak the amount of royalties in an open court,” adding, “The leaking of a secret contract can be subject to a lawsuit.”

foryou@donga.com