By Kim Yoo-chul
Samsung is set to end an ongoing fight with Apple over litigation woes. But a critical pre-condition before an eventual settlement involves U.S.-based mobile chip giant Qualcomm.
``The resolution of this issue likely will depend, in large part, on whether Apple purchased the chipsets at issue directly from Qualcomm,’’ said a court document filed with the U.S. District Court in California, which was obtained by The Korea Times on Tuesday.
``And whether it integrated them into its consumer devices or alternatively, whether Apple received consumer devices from an intermediary that received the chipset from Qualcomm and integrated them into Apple’s consumer devices,’’ according to the document.
Specifically, Samsung is seeking copies of Qualcomm’s supply agreements with respect to the chipsets at issue and correspondence with Apple related to those agreements.
The document contradicts an earlier ``hawkish stance’ against Samsung’s mobile chief Shin Jong-kyun. According to Shin: ``Apple did it. Samsung is preparing various measures, legally, technologically and commercially for the legal battle.’’
Lee Seung-jun, a Samsung Electronics spokesman, declined to comment on whether his company has plans to mend the souring ties with Apple. Qualcomm representatives in Korea also declined to comment, similarly followed by Steve Park, Apple’s representative here.
Samsung and Apple embroiled in a legal battle with eight different cases.
The issue is pending in the Mannheim Regional Court in Germany while complaints have been filed with the Tokyo District Court, Japan and the District Court of The Hague, the Netherlands, according to the document.
Although Apple is the Korean firm’s biggest client in parts, the pair are also involved in law suits at the Seoul Central District Court, the Paris Civil Court, France, the Court of Milan, Italy, the High Court of Justice, Chancery Division, Patents Court, the United Kingdom and the Federal Court of Australia.
``Samsung’s request is not unduly intrusive or burdensome. To the contrary, it is narrowly tailored and seeks only highly-relevant documents necessary to the Apple-Samsung litigation,’’ claimed Samsung attorney Dylan Ruga in the document.
``For these reasons, and particularly because identical relief previously was granted to Apple, Samsung respectfully requests that the court grant the instant application and allow Samsung to serve a subpoena for the documents,’’ said the attorney.
Apple received an ``unfavorable ruling’’ in a separate patent suit against Motorola Mobility Holdings from the International Trade Commission (ITC).
An ITC judge set aside Apple’s allegations that Motorola Mobility had violated three of its patents. That was its second defeat by Motorola in straight months after a German court had already issued an injunction favoring Motorola last year.
Motorola has been maintaining its strongest-ever partnership with Samsung Electronics under a ``Google Umbrella.’’
NPD Group, a market research firm, has shown that Apple’s iOS market share in the United States surged from 26 percent in October last year to 43 percent in November 2011.
Understandably, Android’s market share has declined from 60 to 47 percent despite being the leading operating system.
``Samsung is not going on a `fishing expedition,’ nor do we wish to harass Qualcomm,’’ the document said.