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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RE: Comment by Laurence
by Nelson on Fri 21st Dec 2012 06:52 UTC 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