Samsung preps anti-iPhone 5 lawsuit before it's even out

'They will only escape us by removing phone capability'

Samsung will try to get the iPhone 5 banned in Korea by using a patent lawsuit to block the phone, a source has told the Korean Times.

A Samsung executive told the paper that the next edition of the iPhone will almost certainly break patents that Samsung holds in Korea.

The exec told the paper: "Just after the arrival of the iPhone 5 here, Samsung plans to take Apple to court here for its violation of Samsung’s wireless technology related patents.

"For as long as Apple does not drop mobile telecommunications functions, it would be impossible for it to sell its i-branded products without using our patents. We will stick to a strong stance against Apple during the lingering legal fights."

The iPhone 5 is expected some time in October.

If the Samsung threat is realised, it would be a high profile blow in a bitter global patent war which Samsung is now eager to fight. After Apple forced it to withdraw its Galaxy Tab from shops in Germany earlier this month, the Korean company is now pursuing a much more aggressive legal stance against Apple. This includes making attacks as well as responding to them.

The rumour comes as Samsung initiates another counter-claim against an Apple lawsuit, this time in Australia, where Apple is seeking to ban the Galaxy Tab.

The Australian suit claims that Apple infringed seven Australian patents owned by Samsung related to wireless communications standards, with its iPhone 3G, iPhone 3GS, iPhone 4 and iPad 2 products. ®

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