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!
Thread beginning with comment 490805
To read all comments associated with this story, please click here.
Comment by umad
by umad on Mon 26th Sep 2011 17:24 UTC
umad
Member since:
2011-08-18

>"Samsung is currently pleading, and they claim that Apple has wilfully and systematically infringed these patents"

You're right, Apple didn't pay for a license, but Apple is arguing that Samsung never offered them a license... something that is actually required of a company owning a FRAND patent. Worst case scenario for Apple is that they must pay the FRAND patent amount which requires that it be a fair and relatively small but consistent amount for all licensees. Should Apple pay it, it wouldn't be a big deal at all.


>"They further state that Apple has refused to license the patents since the introduction of the iPhone 3G, even though Samsung offered licenses."

Again, Apple is saying that Samsung never offered them a license. Secondly, Apple is NOT required to cross license their own patents as theirs are not of the FRAND variety which would otherwise require it. Though it is common for other companies to cross license their own patents (even those that are not of the FRAND variety) it is only to avoid having to pay any patent amount. Apple isn't required to cross license. It is required to pay the FRAND patent fee though. When Samsung offers them the opportunity, their no reason why they wouldn't.

The worst thing that Samsung can do here is require that Apple pay the small FRAND license fee going forward as well as any back license fees. If it's true that Samsung didn't offer Apple the opportunity to license the FRAND patents as Apple is alleging, it actually threatens to hurt Samsung significantly more that why they might otherwise get from Apple for these patents.

Thom, you're making this out to be a MUCH larger deal than what it is. If anything, its the last ditch effort of Samsung to throw any remaining bit of legal muscle at a company they they know has them by the balls.

Sorry to burst your bubble.

Edited 2011-09-26 17:27 UTC

Reply Score: 2

RE: Comment by umad
by TechGeek on Mon 26th Sep 2011 19:22 in reply to "Comment by umad"
TechGeek Member since:
2006-01-14

We'll all just have to wait and see what happens. Samsung also has the ace up their sleeve of being the best producer of touch screens in the world. It Apple wants the best hardware in their gear, they need Samsung.

Edited 2011-09-26 19:22 UTC

Reply Parent Score: 2

RE[2]: Comment by umad
by kristoph on Mon 26th Sep 2011 19:49 in reply to "RE: Comment by umad"
kristoph Member since:
2006-01-01

It would be amazing if Samsung cut off Apple (or for that matter even pressured them at a contractual level). Apple is such a big customer of theirs that it would make no financial sense and it would alienate other customers.

Apple is working hard with Toshi on moving to their screens though as well as some of their memory so their clearly hedging their bets.

I've also heard rumors from that Apple might actually buy Elpida outright.

Reply Parent Score: 2