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03-14-2012, 09:01 PM #1
Court in Netherlands Favors Apple in FRAND Patent Case
Samsung seems to have been setback in the Netherlands recently where a court sided with Apple on a FRAND patent dispute that was characterized as both “important” and “highly meaningful.”
According to Florian Mueller of FOSS Patents, Samsung can’t pursue injunctive relief as long as Apple is willing to negotiate a license agreement under FRAND terms for wireless patents due to the decisions from the District Court of The Hague. Samsung is now obligated to license certain essential patents under FRAND terms, which means in a fair, reasonable, and non-discriminatory way. In addition, the court also ruled that Samsung cannot assert its 3G/UMTS wireless patents against Apple’s iPhone 4S because of “patent exhaustion” according to Mueller.
Mueller went on to write the following:
Apple is licensed by extension since it purchases baseband chips from Qualcomm, and Samsung's attempt to terminate its license agreement with Qualcomm as far as third-party beneficiary Apple is concerned failed because Samsung had made a commitment to ETSI, the standards body in charge of 3G, that it would grant irrevocable licenses to its 3G/UMTS essential patents.
Both Apple and Samsung currently have more than 30 lawsuits between them in what is a growing legal battle. In its most recent filing, Samsung sued Apple earlier this month in South Korea, seeking to block sales of the iPhone 4S and iPad 2 for alleged violation of three patents. Despite the ongoing legal battles between both companies, Samsung still remains a vital partner for Apple in supplying the company with key components for their iOS devices. In particular Samsung is currently believed to be the lead manufacturer of Retina displays for Apple’s new iPad.
Source: FOSS Patents
03-14-2012, 10:04 PM #2
Surely someone at Samsung is saying "we can keep trying to block these products, look how much money it makes us!!!"