Linked by Thom Holwerda on Thu 20th Dec 2012 23:11 UTC, submitted by someone
Legal "Samsung's move to drop all requests for injunctions against Apple in Europe may not be enough to escape sanctions from the European Commission over the alleged abuse of its standards essential patents. EC Vice President Joaquin Almunia said during a press conference on Thursday in Brussels that his office will continue with its investigation against Samsung and will release a 'statement of objections' within the coming weeks."
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Comment by Laurence
by Laurence on Fri 21st Dec 2012 00:09 UTC
Laurence
Member since:
2007-03-26

Apple sue nearly every manufacturer over generic shapes and actions, and the government just give a green light for dumb intellectual property to be registered.

Samsung sue Apple over actual inventions, and they get investigated.

This world is going to the shits.

(yes I know Samsung's patents were dubious because of being FRAND, and in an ideal world they shouldn't have used them. But in an ideal world they shouldn't have had to counter sue because Apple generic design patents).

Reply Score: 2

RE: Comment by Laurence
by Nelson on Fri 21st Dec 2012 06:52 in reply to "Comment by Laurence"
Nelson Member since:
2005-11-29

It is much more than "Generic shapes and actions". Trade dress is something that is more or less simple to deal with.

It is a combination of the simplistic characteristics that you and many others like to harp on about.

Samsung is free to counter sue, just not with FRAND patents. If Samsung doesn't have much else to use, then they are nothing but a paper tiger and likely should take a license from Apple.

Reply Parent Score: 5

RE[2]: Comment by Laurence
by Laurence on Sat 22nd Dec 2012 11:08 in reply to "RE: Comment by Laurence"
Laurence Member since:
2007-03-26

That's hardly fair though. Samsung's patents are from genuine R&D. There's real technology and inventions in their patents. They've designed protocols and hardware required to actually make a mobile phone. Where as Apple has taken a common everyday actions and tried to claim it their own.

If you ignore the FRAND aspect, Samsung's patents are a lot more in keeping with the idea of what patents are there for (to encourage invention and innovation by allowing the industries behind the technology breakthroughs to see a return on their R&D). Where as Apple are trying to use already established practices (like having a rectangular phone) to drive out competition.

What's more, Samsung do not decide which of their patents become FRAND. That's decided for them after some of their technology becomes incorporated as a standard. So by the same logic, I'd argue that most of Apples patents should be FRAND as most of Apples patents are considered "standard" for mobile devices. But sadly design patents seem to be exempt from FRAND.

So my point was Apple are deliberately abusing the FRAND system just as equally as they know full well that the likes of Samsung, Nokia and Motorola HAVE to licence their patents while Apple can continue to register frivolous ideas and raise legally valid infringement claims.

Thus my complain about who the whole bloody thing is backwards. The companies doing the inventing are getting sued while the leaches of the IT industry are allowed to steal (and yes, I said 'steal') those ideas because of a FRAND loophole.

Reply Parent Score: 2

RE: Comment by Laurence
by kristoph on Fri 21st Dec 2012 17:29 in reply to "Comment by Laurence"
kristoph Member since:
2006-01-01

It's pretty basic.

Apple has design patents which can be reasonably easily avoided (look at Nokia, they have no problems) so the EU has no objections to it's actions.

Samsung is asserting patents which prevent the sale of ANY mobile device and that has huge implications on the market and so the EU has objections to it's actions.

Reply Parent Score: 2

RE[2]: Comment by Laurence
by Laurence on Sat 22nd Dec 2012 11:13 in reply to "RE: Comment by Laurence"
Laurence Member since:
2007-03-26

It's pretty basic.

Apple has design patents which can be reasonably easily avoided (look at Nokia, they have no problems) so the EU has no objections to it's actions.

Samsung is asserting patents which prevent the sale of ANY mobile device and that has huge implications on the market and so the EU has objections to it's actions.

Samsung could easily avoid all of Apples patents, but their devices would be horrible to use as it would fail all of the standard user experience expectations and would undoubtedly be a crappy device to use.

Just as Apple could easily avoid all of Samsung's FRAND patents, but it would also fail all of the standards and end up being unusable.

If Apple are allowed to register such common ideas and gestures, then they should equally be part of FRAND. After all, users expect the same level of user experience standards to operate a handset (eg green phone = make a call) as telecommunications expect the same protocol standards to negotiate a phone call.

In this day and age, no single company should be allowed to own a standard expected way to operate a device.

Edited 2012-12-22 11:14 UTC

Reply Parent Score: 3

RE[2]: Comment by Laurence
by zima on Thu 27th Dec 2012 23:50 in reply to "RE: Comment by Laurence"
zima Member since:
2005-07-06

Apple has design patents which can be reasonably easily avoided (look at Nokia, they have no problems)

The top Lumia models are, stylistically, oversized iPod Nanos 6th gen... Nokia is safe from silly Apple lawsuits probably only because it was part of the settlement between them, the one when Apple paid Nokia ~1 billion.

PS. And one would think you'd be the first to point out the similarity of new Nokia styling to that of iPod Nano 6th gen. Apparently not if it doesn't fit your narrative...

Edited 2012-12-27 23:52 UTC

Reply Parent Score: 2