Posts Tagged ‘Samsung Electronics’

An Upside for Korean Global Business? Another Side of the North South Tensions

Sunday, May 30th, 2010
An Upside for Korean Global Business? Another Side of the North South Tensions

By Don Southerton, KoreaLegal.org Editor

Over the past week, I’ve been sharing my thoughts on the recent heightened tensions between North and South Korea over the sinking of the Cheonan naval vessel.

After a lengthy investigation following the March incident, a multinational forensics team concluded unanimously it was a North Korean torpedo that sank the South Korean ship.

Why did North Korea launch such an attack knowing it would anger even those sympathetic to their plight? In correspondence, Marcus Noland, noted NK scholar, shared his thoughts on North Korean motivations. They include:

1) Revenge (for an earlier encounter where the North took a bruising from the South’s better equipped navy).

2) Brinkmanship

3) Wave the bloody shirt—divert attention inside the North from disastrous confiscatory currency reform.

4) Influence South Korean National Assembly elections–the current president Lee Myung-bak administration’s takes a hard line approach to the North and opposition leaders have long supporting a more conciliatory path.

5) Succession—Kim Jong Il’s son and his peers might get credit for the attack and it would be a show of strength to defy the South and their allies.

That said, tension and emotions are running high. In fact, more so than in years. June elections, pro-North supporters, anti-North war veteran groups, and the media continue to fan the situation.

Without ignoring or downplaying the human suffering and loss resulting from the Cheonan sinking… So, why might this benefit Korean global business? Samsung, Hyundai-Kia Motors and LG derive much of their profits from international sales. Even with the global recession last year, they all performed well—lots due to a weak Won. This year the Won was strengthening against the Dollar as the South Korea economy recovered. This could mean that overseas profits this year would in turn suffer.

Interestingly, the Korea Economic Institute notes that when a threat arises from the North the Won drops in value to the Dollar. (Please review the full article posted by the Korea Economic Institute.) Click Here

So what may foster fear and concern among many working for Korea-based global organizations, the current tensions might actually have some benefit– at least in short term profits.

So what can we expect…. Over the next few weeks, we’ll see defensive positioning of the South Korean and US military forces, more sanctions against the North, China and Russia trying to avoid taking sides, and the North grabbing as much media attention as it can.

Questions? Comments?

An Upside for Korean Global Business? Another Side of the North South Tensions

Samsung Slander Suit Against Journalist Resolved

Monday, May 17th, 2010
Samsung Slander Suit Against Journalist Resolved

Perhaps one of the most interesting lawsuits coming out of South Korea seems to have been resolved. It involved Samsung and journalist Michael Breen. I no huge fan of  Mr. Breen. He tends to be somewhat cynical in his coverage of Korean big business. His attack on Samsung is no surprise. What surprised many was that Samsung took him to court.

Some of the details pulled together nicely by the LA Times

Headlined “What People Got for Christmas,” the English-language column [in Korea Times] also poked fun at global technology giant Samsung Electronics, referring to past bribery scandals as well as perceptions that its leaders are arrogant.

The piece was meant as a satirical spoof, the columnist says, but Samsung wasn’t laughing.

Breen’s column ran as local media reported that President Lee would soon pardon Samsung Chairman Lee Kun-hee on a 2008 conviction for tax evasion. Chairman Lee, 68, had already received a federal pardon in the 1990s on a conviction for bribing two former presidents while he was with the firm.

On Dec. 29, the day of Lee’s pardon, Samsung sued the freelance columnist, the newspaper and its top editor for $1 million, claiming damage to its reputation and potential earnings. After the Korea Times ran clarifications, the newspaper and its editor were dropped from the suit.

But Samsung continues to pursue Breen personally for libel, both civilly and on criminal charges that he intentionally libeled the company. If convicted, he faces a hefty fine and even jail time.

“The reason I’m being sued is that the beast roared,” said Breen, 57, a British native and longtime social commentator and South Korean resident who wrote a 1998 book on South Korea’s modern history.

In its suit, Samsung said the column used a “mocking tone” to add “baseless, malicious and offensive false information to criticize” the firm.

After Samsung complained, the paper ran two clarifications, one of which Breen says he was told by editors was written by Samsung.

[note to readers of the KoreaLegal.org]
Legal experts here say the case underscores the considerable power wielded in South Korean society by such mammoth corporate conglomerates, known as chaebols, which are dominated by top officials, often related, who are treated here as near-royalty.


Samsung Slander Suit Against Journalist Resolved

US International Trade Commission To Investigate Samsung

Saturday, February 6th, 2010
US International Trade Commission To Investigate Samsung

US International Trade Commission To Investigate Samsung By Don Southerton, Korea Legal Editor

IP issues interest me. For one, as Korea moves from a heavy industy, labor intensive export production model to more gray matter sectors like bio tech, Green and renewable, and high tech I see more and more IP issues surfacing. On another level, vicious competition within the high tech sectors coupled with internal corporate pressure to perform add to the situation.

Seems like Samsung at the center of many controversies. It’s shear and scale had lots to do with this…

DOW JONES NEWSWIRES Feb. 4, 2010

The U.S. International Trade Commission said it has voted to embark on an investigation into allegations that Samsung Electronics Co. (005930.SE) has violated Sharp Corp.’s (6753.TO) patents used to make components in flat-screen televisions.

The latest complaint comes after the Korean electronics giant in December filed a complaint with the U.S. commission against Sharp alleging that the Japanese firm infringed on Samsung’s patents for liquid crystal display devices. It joins a growing list of disputes about patent breaches in the highly competitive electronics industry as companies strive to protect their intellectual property and cutting-edge technologies.

Patent-related legal disputes happen often in the flat-panel display industry, although in most cases they end up in cross-licensing deals.

Officials at both Samsung and Sharp said they had no immediate comment on the issue.

In a statement on its Web site, the ITC said the products involved the probe are LCD modules for products used in televisions.

The ITC is beginning the investigation after Sharp filed a complaint against Samsung on Jan. 8. In the complaint, Sharp asked that the ITC issue a cease-and-desist order on the export and sale of such products.

“By instituting this investigation, the U.S. ITC has not yet made any decision on the merits of the case,” the commission said in the statement.

The ITC’s chief administrative law judge will assign the case to one of the ITC’s six administrative law judges, who will schedule and hold a hearing.

The administrative law judge will then make an initial determination as to whether there is a violation, it said.

Samsung in November lost a patent infringement case raised by Sharp in 2008 that involved LCDs. In that case, the U.S. ITC ruled that Samsung infringed on four of Sharp’s patents for technology to improve the picture quality of LCDs and said the South Korean company should stop selling devices in the U.S. that trespassed on the patents.

Link http://online.wsj.com/article/BT-CO-20100204-722715.html?mod=WSJ_World_MIDDLEHeadlinesAsia

US International Trade Commission To Investigate Samsung

Korean Justice and Samsung Leadership Saga

Saturday, January 30th, 2010
 Korean Justice and Samsung Leadership Saga

This Economist issue looks at the Samsung’s leadership saga. For decades there has been a love-hate relationship between the government and the family leadership of Korea’s top business groups. Many have been investigated, charged, convicted, and then pardoned–several times.

All in the family Lee Kun-hee may return
Jan 28th 2010 | SEOUL | The Economist

JUSTICE in South Korea can be elastic. Industrialists who break the law have had their sentences commuted or been pardoned on the basis of their contributions to the national economy, sweeping them back to their corner offices. Lee Kun-hee, the patriarch of Samsung, appears to be on the same trajectory.

In early January Mr Lee appeared at a big American electronics show, a rare act for a notoriously private person. Upon his return to South Korea Mr Lee said he was “thinking about” returning to a formal role at Samsung, whose sales account for about a fifth of the country’s gross domestic product and which the Lee family controls through a convoluted web of shareholdings.

Mr Lee, who is 68, had resigned as Samsung’s chairman in April 2008 after being charged with breach of trust, tax evasion and securities violations. Convicted of the first two, he was ordered to pay 46 billion won ($40m) in taxes and 110 billion won in fines. A three-year prison sentence was suspended.

On December 31st South Korea’s president, Lee Myung-bak, pardoned Mr Lee, wiping his record clean. The president said the country needed his help to win its bid to host the 2018 Winter Olympics. Shareholder activist groups squawked over the pardon and were duly ignored.

Mr Lee’s possible re-ascension to the chairmanship throws a spotlight on Samsung’s corporate governance. Yet the leadership saga seems not to have hurt its performance. Last October Samsung Electronics posted record quarterly operating profits of 4.2 trillion won—better than any of Japan’s big electronics makers. It expects to report record sales for 2009 of 136 trillion won when it releases its earnings on January 29th. It is now the world’s largest maker of computer memory-chips and the second-biggest mobile-phone company after Nokia.

Last year a South Korean court declared that a sale of Samsung securities by Mr Lee to his children at below market prices was legal, clearing the way for the next generation to take control. In December his only son, Lee Jae-yong, was named chief operating officer of Samsung Electronics. He is regarded as the heir apparent. On February 12th Samsung will celebrate the birthday of its founder, Lee Byoung-chull. The family, after all, must be honoured.

 Korean Justice and Samsung Leadership Saga

Kodak, Samsung, LG and Patent Infringements

Monday, January 18th, 2010
Kodak, Samsung, LG and Patent Infringements

By Don Southerton, Korea Legal Editor

One common concern with doing global business is trade and patent infringement, which are complex and costly–to both defend and protect. This recent case involving Kodak, Samsung, and LG provides some insights into Korean business. First Kodak is vigilant in protecting its IP. Next, Samsung and LG eventually saw that settling the case was in their best interest and would open doors for cross-licensing technology. That said, LG settled first, while Samsung waited until the U.S International Trade Commission ruled against them.

In comparing Samsung and LG, I see shrewder brinkmanship on the part of Samsung. This is no surprise and points out the need to understand Korean business and their unique corporate cultures. (Samsung, LG, Hyundai-Kia, Lotte, Hyosung, Hanjin, SK, Doosan, etc–all differ).

A Brief Overview
Kodak Takes Action Against Samsung and LG For Patent Infringement
Kodak Asserts that Samsung and LG Camera Phones Infringe its Digital Camera Patents

ROCHESTER, N.Y., Nov. 17 2008 — Eastman Kodak Company (NYSE:EK) announced today that it has filed complaints against Samsung Electronics, LG Electronics and other related entities for infringement of Kodak patents.

The Kodak actions specifically allege that Samsung and LG camera phones infringe Kodak digital camera patents. The patents in question cover technology related to image capture, compression and data storage and a method for previewing motion images.

Kodak filed against Samsung and LG in the United States District Court for the Western District of New York, as well as in the U.S. International Trade Commission. Kodak’s District Court complaints request compensation for damages resulting from the companies’ infringement, and both the District Court and ITC actions seek injunctions prohibiting Samsung and LG from further importation and sale of products cited in the complaints. Kodak did not disclose the amount of damages it is pursuing.

Full Circle
In February 2009 both Samsung and LG flied suits at the U.S. International Trade Commission over some alleged patent infringement by Kodak.


LG Settlement
ROCHESTER, N.Y., Dec. 4, 2009 — Eastman Kodak Company (NYSE: EK) announced today that it has entered into a technology cross-license agreement with LG Electronics, Inc., which will allow each company broad access to the other’s patent portfolio.

ITC Ruling
December 18, 2009 – An administrative law judge at the U.S. International Trade Commission ruled that Samsung has infringed two camera patents developed by Kodak.

Samsung Settlement
ROCHESTER, N.Y, January 11, 2010. —Eastman Kodak Company (NYSE: EK) announced today that it has entered into a technology cross license with Samsung Electronics Co Ltd. that will allow each company access to the other’s patent portfolio.

The license agreement, which provides significant benefits to both companies, is royalty bearing to Kodak. The company received a payment from Samsung in December that has been credited toward its royalty obligation. Additional financial details were not disclosed.

In December, Samsung and Kodak agreed to negotiate a settlement over digital camera patents issues, which could include a cross-licensing deal, Kodak said Wednesday.

The companies also entered into an agreement to file joint requests for the termination of patent infringement proceedings before the U.S. International Trade Commission, and to settle their patent infringement lawsuits against each other, which are pending in U.S. District Court for the Western District of New York and in the German courts. Both the settlement of the litigation and the license agreement become effective upon approval by the International Trade Commission of the joint requests for termination. The ITC is expected to make its determination by the end of January 2010.

Kodak, Samsung, LG and Patent Infringements

Samsung Group Court Ruling Upheld

Sunday, May 31st, 2009
Samsung Group Court Ruling Upheld

By Don Southerton, Korea Expert Witness Editor and Chief Blogger

Amid threats from North Korea and the death of former South Korean president Roh Moo-hyun, news about Samsung former chairman Lee Kun-hee drew little attention. Ironically, Roh Moo-hyun’s administration had spend considerable time and effort to regulate and investigate the heads of Korea’s major business groups. Over the years, SK, Hyundai Motor, and Samsung weathered numerous investigations, with many of their top leadership being prosecuted.

Most often the practices of the family-run Group’s drawing scrutiny were attempts to transfer wealth to the next generation–with inheritance taxes up to 50%.

Korea media and the NYT notes- South Korea’s Supreme Court said it is upholding a lower court’s ruling that found former Samsung Group Chairman Lee Kun-hee not guilty of allegations of dubious bond transactions aimed at transferring corporate governance to his only son.

The ruling came after the court also overruled an appellate court’s guilty verdict on two former Samsung executives. The two were indicted of allegedly helping Lee Kun-hee’s son, Lee Jae-yong, purchase convertible bonds in Samsung Everland, the Samsung Group’s de facto holding company, at a lower market price, allowing him to take over the group.

“Since the purpose of the [convertible bond] issuance was not aimed at raising funds but was at transferring the company’s governance, that cannot be seen as causing losses to the company,” the Supreme Court said in a statement.

The 67-year-old Lee Kun-hee, who led the country’s biggest conglomerate by assets for about 20 years, quit the group and flagship Samsung Electronics Co. after being indicted of tax-evasion and breach-of-trust charges in April last year.

In October last year, Lee Kun-hee was given a three-year jail term that was suspended for five years and a 110 billion won ($87.2 million) fine for tax evasion.

Samsung Group Court Ruling Upheld