As the nasty patents battle continues between Apple and Samsung, it has been revealed that Cupertino actually offered the Koreans iOS patents before the legal patent fight broke out.
Initially, Apple offered to sell Samsung patent number 7,469,381 (known as ‘381), which relates to scrolling technology on screens, according to The Verge.
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However, these negotiations broke down in November last year before an agreement between the duo could be reached.
There is no indication of why these talks broke down.
Soon after, the iOS creators began its legal campaign against Samsung’s Galaxy Tabs and SII smartphones, claiming they infringed on ‘unique’ Apple owned patents.
The patents war taking place in ten countries around the world, including Australia, has seen Apple looking to ban the sale of Samsung’s Galaxy devices, having succeeded in Australia where the Android Tab 10.1 is still officially banned, despite a Federal court ruling last week which lifted the ban.
Apple are claiming infringement on multiple unique patents relating to touchscreen and scrolling technology, with the ‘381 among them.
But it has been revealed that Apple successfully sold iOS patents to smartphone rivals Nokia and IBM, having sued the former for infringements on the patent in question, ‘381.
Cupertino maintained its settlement with Nokia retained “the majority of the innovation that makes the iPhone unique” according to the report. But it appears this is not the case.
It was always believed that Apple’s pursuit of Android manufacturers HTC, Samsung and even Nokia, over alleged patent infringements was the iPhone creator defending its technology, which it was always thought it would never sell to rivals.
The patent ‘381 which pertains to “list scrolling and document translation, scaling, and rotation on a touch-screen display” had been branded an “Android killer,” since it was widely used across the rival devices and was at the heart of Apple argument’s against Samsung.
But this latest revelation appears to suggest the court battles could have had more to do with money and possibly Apple getting sour over the fact it failed to squeeze a major royalty payment out of rival Samsung and less to do with protecting its cherished technology.
According to a legal settlement between Nokia, IBM and Apple, this revealation could weigh in Samsung’s favour in its now protracted court battle:
“While not dispositive, this fact does weigh in Samsung’s favour.”
“While the fact that a patentee has previously chosen to licence the patent may indicate a reasonable royalty does compensate for an infringement this is just one factor tfor the district court to consider.”
This comes as a Judge ruled in the US Friday that Samsung can keep selling its Android Galaxy S II and Tab devices until the outcome of a court trial with Apple, due to take place next year.