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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RE[4]: There is a myth here.
by Thom_Holwerda on Sun 25th Sep 2011 23:30 UTC in reply to "RE[3]: There is a myth here."
Thom_Holwerda
Member since:
2005-06-29

A lot of words to cover up for the fact that you are lying when you say Samsung is using these patents offensively. This isn't an opinion. It's fact. Apple attacked first, Samsung is now striking back. That's called defensive action. There's no opinion involved.

You know that very well.

Also, don't read too much into the 'kid' remark. I use Dutch equivalents like 'kind' and 'knul' all the time in real life.

Reply Parent Score: 1

RE[5]: There is a myth here.
by kristoph on Sun 25th Sep 2011 23:52 in reply to "RE[4]: There is a myth here."
kristoph Member since:
2006-01-01

Thom, I started to use the term 'offensive' because YOU WROTE IN THE FIRST LINE OF THE ARTICLE that Samsung said their 'going on the offensive'.

How can I lie about Samsung's intent if I am simply using the same terminology they have used for this action.

Of course, I recognize that Samsung is doing this in response to the Apple lawsuit. It's fair to call it a defensive action but that's not how you phrased it so I followed your lead.

However, irrespective of the broader (and sort of silly) question of whether this is an offensive or defensive action my point is that the courts are going to consider ONLY this case and in this case Samsung (according to Apple) is attempting to ban it's products using an FRAND patent.

The court won't consider the broader context, right? Or do you disagree that the courts will think it's fine for Samsung to break FRAND rules (if, in fact, they have done so) given the fact that Apple is suiting for other patents/community design/trade dress?

PS. Ok, cool, I understand the lost in translation thing. English is my 5th language so I often say things that sound odd to others too (even my wife!)

Edited 2011-09-26 00:06 UTC

Reply Parent Score: 2

Thom_Holwerda Member since:
2005-06-29

The court won't consider the broader context, right? Or do you disagree that the courts will think it's fine for Samsung to break FRAND rules (if, in fact, they have done so) given the fact that Apple is suiting for other patents/community design/trade dress?


Look, this is the problem right here. Nobody knows if Samsung broke any rules. We don't know if negotiations were already under way. We don't know why these hypothetical negotiations broke down. We don't know if Apple willfully infringed these patents despite Samsung offering them a FRAND license. Heck, we don't even know if these are FRAND patents in the first place!

Let's just wait until tomorrow, when the FRAND hearing will take place. The same guy who has been covering all these Dutch cases from within the courtroom via Twitter will be present again tomorrow, so we'll get live updates.

Reply Parent Score: 1