Apple Inc. won an injunction against Samsung Electronics' Galaxy Tab 10.1 and Galaxy Tab 7.7 in Germany, at a time when all device-makers were touting new gadgets at the IFA 2011. Apple also forced Samsung to pull the Galaxy S 2 off shelves in the Netherlands, and tablets in Australia.

But revenge, they say, is a dish best serve cold. Samsung is striking back, aiming at Apple's heart: the highly anticipated iPhone 5.The Korea Times, citing a Samsung insider, reports that Samsung will pursue a complete sales ban on the fifth generation iPhone using various wireless patents of Samsung.

"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" the insider insists. "We will stick to a strong stance against Apple during the lingering legal fight."
Given that Apple has filed intellectual property lawsuits against Samsung in three continents, it will be likely that it will be an eye for eye, a tooth for a tooth in Samsung's mind.

Apple had been accusing the South Korean firm of "slavishly" copying the design and certain functionality of the iPad and the iPhone. Apple said that its rival, rather than innovating, chose to copy Apple's technology, user interface and unique style. Being the number one supplier of parts for the iPhone and iPad, Samsung is said to have key access to Apple's product technology. While Apple has obtained injunctions against Samsung, no final rulings have been issued.

Samsung, though, is confident that it will be able to overturn the interim rulings, and it will be successful in its counterclaims against Apple. Samsung said in a filing in a court in Australia last week that it "has a proud history of innovation in the mobile industry ... and it has invested continuously in R&D, design and technology to produce our innovative and cutting-edge mobile devices." Samsung, according to Bloomberg News, told the Australian court that it was in fact Apple that violated Samsung's rights, seven patents as stipulated in the latest suit, relating to wireless communication standards.

Samsung also filed similar appeals before the German courts.

With a wide portfolio of smartphones and tablets, Samsung has been able to survive Apple's wrath. Samsung is still the number one vendor of Android smartphones, and is estimated to be (a far) second to Apple in tablet sales.

And now if it succeeds, Samsung will further delay the iPhone 5, which is already four months overdue. The delay is helping rivals gain ground against the iPhone. Samsung, Motorola, and other smartphone makers have just released new Android phones that have superior specs to the iPhone 4.

True, the iPhone 4 is still selling, and the delayed release (from June, reports are now saying that the iPhone 5 will have an October release date) is giving Apple time to add more features to the new iPhone. But had it released the iPhone 5 earlier, Apple could have recorded twice the sales and it wouldn't have given Android phones the chance to dominate the market.

Stewart Wolpin says in an article at DVICE that indications are, iPhone 5 will actually be more an iPhone 4S, a minor upgrade in screen size, antenna and design, with few significant improvements. "Which means the next iteration of the iPhone, once the technological master of the smart phone universe, is likely to be nowhere near the top of the today's most innovative phones," Wolpin says.
According to reports, Apple's iPhone 5 is already set for an October release date.

But Seth Weintraub at 9 to 5 Mac reported last week, "It appears that the tear-drop shaped iPhone 5 with larger screen and thinner, rounder body is seeing continued design and production delays, at least on one assembly line (Apple has multiple production sources - Pegatron, Foxconn, etc). We therefore think that iPhone 5 will be delayed slightly at the very least and may see shortages all the way into 2012."

So after the production problems end, and just after Apple is just about to release the long-overdue iPhone 5, here comes Samsung filing a motion for an injunction against the sale of the new iPhone? Apple has been lucky in the past with the iTunes (when record labels were struggling), iPod (when the Sony WalkMan was already out of tune), iPhone (when Nokia was running out of gas), and the iPad (when the Netbook was losing demand). But it appears that Apple has lost its luck with Steve Jobs' exit.

Click on the slide show for a list of smartphones that could go head to head against the iPhone 5:

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