Linked by Thom Holwerda on Fri 23rd Sep 2011 22:27 UTC
Legal "Samsung made comments early Friday about going on the offensive with its ongoing patent dispute with Apple, and it appears to be putting its money (and its lawyers) where its mouth is. The Korean company just filed a complaint with The Hague, seeking a ban on all sales of Apple's smartphones and tablets due to alleged infringement of four of its wireless mobile technology patents. Dutch site Webwereld.nl has the details of the new complaint filed with The Hague, which relates specifically to 3G mobile networking technologies, as well as technologies governing the transfer rate of data to mobile devices over a cellular network. Samsung's complaint covers Apple itself, as well as five other private companies that manage Apple's sales and distribution channels in the Netherlands." I'll be following the Twitter feeds from The Hague closely coming Monday when the meeting about possible FRAND licensing takes place. Let's hope Samsung manages to pull an injunction out of all this.
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kristoph
Member since:
2006-01-01

You don't actually know anything about this case, do you?

Samsung and Apple have already discussed the licensing of these patents. Apple wanted to negotiate licenses for these patents separately from other Apple/Samsung disputes. Samsung wanted a 'grand bargain' and refused to license the patents under typical FRAND terms.

So this court case will hinge largely upon what FRAND means and if Samsung is obligated to license FRAND patents under 'fair and reasonable' terms irrespective of their relationship with the licensor.

(If this goes Samsung's way that would mean any random company that was part of a standards body and holds the patents required to implement that standard could prevent other companies from implementing that standard. That would be a mess.)

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Reply Parent Score: 2

Thom_Holwerda Member since:
2005-06-29

You don't actually know anything about this case, do you?

Samsung and Apple have already discussed the licensing of these patents. Apple wanted to negotiate licenses for these patents separately from other Apple/Samsung disputes. Samsung wanted a 'grand bargain' and refused to license the patents under typical FRAND terms.


Source? Not questioning you - I'd just like to know if these three patents have already seen negotitations. I haven't heard anybody else say this, you see.

Reply Parent Score: 1

kristoph Member since:
2006-01-01

You have two options. You can go to Muller's blog. He has quotations from the various filings. I know you don't like him or whatever so just read the quotations and make up your own mind. Your other options is to request the filings as a member of the media (which, as you know, is a really abstract concept these days). It's actually really easy to do if your cool with paying the fee.

The Australian one is easier to read. You can get that from Federal Court of Australia, New South Wales Registry.

The US one is WAY more colorful but really really long. Apple accusations in that filing are so over the top it's funny.

I don't know if you can get the one from The Hague but I am going to try that too (stupid question but would those be only in Dutch or would they have an english translation?).

Anyway, basically, Samsung says Apple refuses to license the patents but Apple accuses Samsung of withholding the FRAND patents in a non-discriminatory manner (specifically saying they want a deal on the trade dress patents).

Also worth noting is that they are apparently scheduled to meet this week about the licensing so these patent cases might get defused before they even see court.

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Reply Parent Score: 2

Morty Member since:
2005-07-06

So this court case will hinge largely upon what FRAND means and if Samsung is obligated to license FRAND patents under 'fair and reasonable' terms irrespective of their relationship with the licensor.

You sum it up nicely, but you look at it from the totally wrong end. The Apple ligation against Samsung is irrelevant for this case.

This case is simply about Apple shipping product for years without a valid license. A ban on those infringing Apple products is quite fair. They have had the chance for years to get the licensing in order. After-all if those patents had not been FRAND, common practice would also have Apple pay rather hefty damages for those already shipped devices.

Edited 2011-09-25 11:03 UTC

Reply Parent Score: 3

JAlexoid Member since:
2009-05-19

Samsung wanted a 'grand bargain' and refused to license the patents under typical FRAND terms.

Sorry, this statement is just plain ridiculous. There are no typical FRAND terms in the tel.co market. Where there are no "typical" terms, there can be no easy settlement. And to my knowledge, FRAND does not force the patent holder to negotiate separately from other issues. (See Apple vs Nokia, for a very similar case)

Reply Parent Score: 2