The iPhone 4S Dual-Antenna Design Could Infringe on 2 Samsung Patents | Hacker News Reader

The iPhone 4S Dual-Antenna Design Could Infringe on 2 Samsung Patents

droidmatters.com

Pretty weak journalism. The source article on ComOn mentions two "patents," but they're actually patent applications. One of them has gone abandoned, and the other has already issued as U.S. Patent No. 7,643,853: http://www.google.com/patents?id=QsvOAAAAEBAJ. There is no excuse for linking to a published application when it has already issued as a patent. There is absolutely no excuse for linking to a published application that's already gone abandoned.

It sounds like other U.S. and foreign patents may be in play here too, but the articles don't give us the foggiest idea which ones they actually are. Come on, people.

Ahahaha. "Could". How about we don't publish unsubstantiated rumor based on some trash talk from the guy behind "Antennagate" until the device is actually available and we know what we're talking about?

If true, this would completely change the balance-of-power in the Apple-Samsung legal battles. To date, Samsung's response has been weakened because the patents they've been asserting have generally been ones Samsung has agreed to license as essential technology they've contributed to various mobile standards. Apple has made the apparently odd mistake of not actually licensing the patents in question (I'd have thought that would have been part of the pre-lawsuit due diligence), but while Samsung might play some games on the price of licensing, they aren't in a position to refuse to license them entirely.

The new patents would be a very different kettle of fish. Using two antennas is pretty clearly not essential technology (plenty of phones don't), so Samsung would have a direct line of attack on the iPhone 4S. And since Apple has demonstrated exactly how to get preliminary injunctions to keep your competitors off of the market, it could get very interesting.

>If true, this would completely change the balance-of-power in the Apple-Samsung legal battles.

Don't think that's true. Worst-case scenario is that Apple releases a firmware update that removes the switching functionality and forces the 4S antennae to behave like an iPhone 4 (assuming the functionality can be turned off by software). Patent litigation will then continue as before.

The vast majority (all?) of technical (as opposed to trade dress / design patents) Apple has asserted against Samsung are for software-only features (e.g. spring-back scrolling, slide to unlock, photo gallery swiping) and that strategy has been working well for them.

Even if Apple can get past the antenna patents with a software and/or firmware upgrade (something I'm more skeptical about because, among other things, redesigning your radio interface after release sounds reasonably difficult), that still keeps the iPhone 4S off the market for the time it takes for them to implement, test and deploy the upgrade, plus the time it takes Apple to convince the relevant courts (over Samsung's opposition, of course). Since it is October 10th, that's almost certainly going to seriously cut into the holiday shopping season (one of the reasons Samsung is sweating on their side, too).

I think it's fair to say that in this crazy patent regime pretty much anything "could" infringe any number of patents.

Oh god, I hope so.

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