<http://schema.org/articleBody>
"In an attempt to gain the upper hand in a lawsuit asserted against it for using of wireless patents registered by Samsung, Apple has filed a new federal case seeking to gain important information from chip-maker Qualcomm to determine whether its use of its processing technologies will be covered by separate licensing agreements, Litigating Apple has revealed.\r\n\r\nThe new case, filed on October 5, does not see Apple pursue Qualcomm aggressively, instead it shows Apple is looking to prove it already licenses important Samsung wireless patents, which it has been\u00A0accused\u00A0of\u00A0infringing\u00A0in\u00A0Australia, Japan, South Korea, Germany, Netherlands, France, Italy and England.\r\n\r\nApple has already argued that Samsung is trying to block the sale of its products that are covered under FRAND (fair, reasonable and nondiscriminatory) terms that Samsung must license to ensure competition in the smartphone market. The Cupertino-based company uses Qualcomm's chipsets in its CDMA iPhone 4 on Verizon and it is possible similar technologies are utilised in Apple's new iPhone 4S, which operates as a worldphone.\r\n\r\nLooking at the case documentation (PDF), Apple may believe that it already licenses Samsung's patents indirectly as a result of its use of Qualcomm technologies, which is reinforced in its requests below:\r\nREQUEST NO. 1\r\n\r\nAll documents that grant or granted, or purport or purported to grant, to Qualcomm any\u00A0rights, protections, or licenses in or to any Samsung IPR \u2014 including without limitation\u00A0Samsung Wireless IPR, regardless of whether it is Essential Wireless IPR \u2014 that provide or\u00A0provided a covenant not to sue relating to any Samsung IPR, or that otherwise authorize or\u00A0authorized Qualcomm to practice any Samsung IPR, including, but not limited to, all\u00A0agreements, amendments, appendices, attachments, schedules, and addendums.\r\n\r\nREQUEST NO. 2\r\n\r\nFor each document produced in response to Request No. 1, all non-privileged\u00A0Communications with Samsung relating to that document, including Communications regarding\u00A0the negotiation of the document and any Communications regarding any efforts to terminate any\u00A0rights, protections, licenses, covenants not to sue, or other authorization provided by the\u00A0document.\r\nIt is possible that Apple could tell the courts that all it has done is use a licensed wireless component in its iOS devices, highlighting the fact that it cannot be punished for infringement of the patent under what Litigating Apple refers to as the\u00A0doctrine of patent exhaustion.\r\n\r\nQualcomm may have been forced to deny Apple access to its documentation due to its agreements with Samsung, leading to the filing of the new federal case. If Apple is successful in its\u00A0argument, it would further weaken Samsung's legal offensive against the company, better positioning it in its own lawsuits against the Korean smartphone giant over claims it copied Apple's iPhone and iPad designs."^^<http://www.w3.org/2001/XMLSchema#string>
<http://thenextweb.com/apple/2011/10/11/apple-wants-qualcomm-patent-licensing-documents-to-undermine-samsung-lawsuit/>