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European Commission has started an investigation on Samsung's use of FRAND licenses in its lawsuits

Posted: , by Daniel P.

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European Commission has started an investigation on Samsung's use of FRAND licenses in its lawsuits
Apple filed countersuits to the countersuit that Samsung has against it, claiming that the Koreans are violating the FRAND practices for fair and reasonable licensing of the 3G standard patents it holds - these are the pillars on which Samsung is trying to ban the sales and marketing of the iPhone 4S in Europe. Cupertino's lawyers called the fees Samsung has been demanding for using its patents "excessive".

The European Commission has started an investigation into Samsung's FRAND licensing procedures now, although it says these are standard antitrust checkups, not taking a side in the ongoing feud between the companies:

The Commission has indeed sent requests for information to Apple and Samsung concerning the enforcement of standards-essential patents in the mobile telephony sector. Such requests for information are standard procedure in antitrust investigations to allow the Commission to establish the relevant facts in a case. We have no other comments at this stage.


Samsung is not leaving its horse and carriage in the middle of the river, too, and came up with this statement about the EC investigation:

Samsung has at all times remained committed to fair, reasonable and non-discriminatory licensing terms for our wireless standards-related patents. We have received a request [for information from the] Commission and are cooperating fully. Note that this is a preliminary investigation and the European Commission has not yet determined whether to conduct a full investigation.


The fair and reasonable licensing is a bit of a murky legal territory, but the EU has plenty of strict rules about it, so that is another front to watch in the epic litigation battle between Android and Apple. Yep, that's what it is.

source: FOSSPatents

15 Comments
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posted on 04 Nov 2011, 09:17

1. som (Posts: 768; Member since: 10 Nov 2009)


Samsung counter attack on Apple is going to hurt it business and relationship with Apple.

posted on 04 Nov 2011, 09:21 8

2. android_hitman (Posts: 587; Member since: 07 Jul 2010)


this is just incredible! imagine what apple would have done if they had these patents...
they would charge everyone for money!!! and now that samsung has the upper card, apple asks for FRAND? this is LAME! apple really sucks

posted on 04 Nov 2011, 10:20 7

5. sinple (Posts: 87; Member since: 04 Nov 2011)


if apple had these patents, everybody can only create 2g phone as all 3g and above phones would be banned

posted on 04 Nov 2011, 09:22 2

3. goflet (Posts: 50; Member since: 31 Oct 2011)


clash of titans i say.

posted on 04 Nov 2011, 09:34 9

4. jamrockjones (Posts: 345; Member since: 26 Oct 2011)


Apple is retarded! They're suing every manufacturer who makes their hardware! Apple doesn't even make their own parts. What happens when they sue everyone and no one wants to work with them anymore, then what do they do! They're stupid.

posted on 04 Nov 2011, 13:00 1

9. gallitoking (Posts: 4630; Member since: 17 May 2011)


clearly you are not a business man... money talks... and Apple has plenty of it...

posted on 04 Nov 2011, 14:32

10. superguy (Posts: 268; Member since: 15 Jul 2011)


Which is why Apple refuses to negotiate.

If anyone should be investigated for fair and reasonable licensing rates, it's Apple. Jobs himself said it wasn't about money and he didn't want it.

posted on 04 Nov 2011, 10:29

6. ivanko34 (Posts: 617; Member since: 04 Sep 2011)


Apple can spend all his money just to kill android and they will continue until the death of android or the death of apple

posted on 04 Nov 2011, 10:59 1

7. cncrim (Posts: 417; Member since: 15 Aug 2011)


Well, apple is greed if she just sue for compensation then nothing could happen instead she went way over boudery and banned the competitor and they didnt long term consequence that Apple was not the first phone phone maker.

posted on 04 Nov 2011, 11:52 1

8. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


This article is totally biased. Here's the title of the linked article. These are not standard check ups. It's an anti trust investigation. There's nothing standard. Samsung is about to get smacked down for its anti competitive practices.


Daniel P you have totally misrepresented this article.

"European Commission investigating Samsung over possible abuse of FRAND patents against Apple"

More

"Samsung wasn't too likely to win any injunctions based on those 3G patents anyway. But the mere fact that there's this antitrust investigation going on will make any injunctions based on Samsung's 3G patents even less likely, in the EU and elsewhere."

posted on 04 Nov 2011, 14:33 1

11. superguy (Posts: 268; Member since: 15 Jul 2011)


Apple should be investigated for the same thing considering its business practices. But of course, your bias ignores that too.

posted on 04 Nov 2011, 14:36

12. ibap (Posts: 675; Member since: 09 Sep 2009)


And of course FRAND doesn't apply to Apple, does it?

posted on 04 Nov 2011, 23:03

14. Firedrops (Posts: 199; Member since: 06 Sep 2011)


Nope, it doesn't. Apple can patent all rectangular objects with a screen on it, all software which arranges thumbnails in grid fashion, and all horizontal movements which will lead to further access being granted, and it's all cool with the EU

posted on 04 Nov 2011, 16:52 2

13. Penny (Posts: 988; Member since: 04 Feb 2011)


Hmm, so Apple asks others for fair licensing fees, and Apple itself offers...no fees, just bans.

It may not be illegal, but it is certainly hypocritical. Gotta give them points for shamelessness.

posted on 06 Nov 2011, 20:11

15. stealthd (Posts: 866; Member since: 12 Jun 2011)


It's actually not even remotely hypocritical. Samsung agreed for their 3G technology patents to become standards and to follow FRAND rules. Apple patented hardware and software features which are not standards and do not keep anyone from making smartphones and tablets, and has no obligation to license them to anyone.

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