Linked by Thom Holwerda on Mon 26th Sep 2011 08:59 UTC
Legal So, the hearing about the supposed FRAND status of the three 3G patents Samsung is asserting against Apple in The Netherlands is under way. Samsung is currently pleading, and they claim that Apple has wilfully and systematically infringed these patents. They further state that Apple has refused to license the patents since the introduction of the iPhone 3G, even though Samsung offered licenses. As usual, WebWereld's Andreas Udo de Haes is covering the proceeding live on Twitter (in English). Update: Samsung offered two FRAND license options (per-patent and as a package deal). Apple declined. Apple also refused to sign an NDA, delaying negotiations (all according to Samsung, of course). Update II: Apple retort: we only buy chips from Intel, and they have a license. Second, Apple claims Samsung didn't demand a license until 2010. Update III: Massive Apple fail: lawyer reveals the percentage Samsung is demanding for its patents - this is highly confidential information. Update IV: If Apple can convince the judge of this one... Ouch!
Permalink for comment 490961
To read all comments associated with this story, please click here.
RE: Icky
by atsureki on Tue 27th Sep 2011 23:30 UTC in reply to "Icky"
Member since:

I hope Apple get slapped down HARD for this.

If you had stopped here, you would have at least been honest.

Software patents are one thing, because they're mathematical processes, but these are hardware patents.

Hardware patents for designing arrays of logic gates that manipulate waves to send digital signals.

I dare you to point to anything in the universe and tell me it isn't math.

ALL patents cover "mathematical processes" because they all describe how something works. The only problem I see with software patents is that some of them simply emulate an electrical or mechanical process that already existed, in which case prior art should apply and we're done with it, but again: all technical innovations are math.

Decades flouting patent law, and bludgeoning the competition with it,

Apple's position is that they bought licensed hardware, so the license is paid, and companies like Samsung are attempting to double-dip. They may be flouting Samsung's demands, but that doesn't necessarily mean they've disregarded ethics or the law.

Meanwhile, Apple's designs are proprietary and have not been licensed to anyone. The iPhone is not beating Samsung's products because of patents -- Samsung and Google have obviously ignored Apple's patents, and injunctions have only just begun -- but because more people want an iPhone than a Samsung phone. So I don't see how Apple is "bludgeoning" any competitors with patent law (at least not yet).

I hope they're forced to pay a ludicrous amount in restitution. And just to be dicks, I hope Samsung refuse to license the UMTS patents to Samsung for future devices, so they have to release a 2G iPhone 5 (I wonder how Apple would spin THAT as an improvement...)

You hope that Samsung has the power to deny other companies the ability to produce devices compatible with modern telco standards, and to use that ability to extort from those other companies their profits and design innovations? Crawl back under your bridge.

@Thom: How is revealing the "highly confidential" information on Samsung's price model a "Massive Apple Fail" given that they "refused to sign an NDA" in the first place? Based on your own info, if the information was leaked out of NDA, it was by either Samsung or Intel (to Apple, which was not bound by an NDA).

Also, where is the moral outrage over keeping the pricing model of standards-essential patents "highly confidential"? How is that not horrible patent manipulation and a severe violation of FRAND?

Reply Parent Score: 0