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Samsung allowed to use standard-essential patents despite Apple's complaints, Korean commission says

Posted: , by Peter K.

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Samsung allowed to use standard-essential patents despite Apple's complaints, Korean commission says
The never-ending patent battle between Apple and Samsung continues! Despite Apple's complaints, the KFTC (Korean Fair Trade Commission) ruled that Samsung's counter-patent lawsuit doesn't infringe any existing competition laws, such as the fair, reasonable, and non-discriminatory (FRAND) principle. The KTFC also ruled that the Cupertino company has indeed abused Samsung's wireless patents.

In addition, although the Cupertino company protested numerous times, the KFTC allowed Samsung to continue making use of SEPs (standard-essential patents). It seems that the KFTC has been thoroughly investigating the patent controversies between the two manufacturers since 2012, when Apple first stated that Samsung abused many of its own SEPs, but it was ruled that no antitrust laws have been broken.

"Samsung with the standard-essential patents based on the FRAND licensing terms tried to resolve the matter and the level of patent license fee was not so high. Samsung's lawsuit is a legitimate act to protect its patent rights." - a KTFC representative stated.

According to Florian Mueller with FOSS Patents, the KFTC's view on the matter is contradicting the investigations of other agencies, such as the Department of Justice and the European Commission. Both of them expressed their worries that Samsung might use its numerous standard-essential patents in a monopolistic way. Mueller says the KFTC apparently thinks that there is no evidence of monopoly, because "more than 50 companies hold over 15,000 SEPs relating to 3G wireless communication (UMTS/WCDMA) technology".

Apple and Samsung will once again sit before Judge Lucy Koh by the end of the next month. This time, a more recent set of mobile devices will be the subject of the patent investigation.

source: The Korean Times via AppleInsider

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16 Comments
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posted on 27 Feb 2014, 09:28 2

1. papss (unregistered)


You don't say? A Korean commissioner?

posted on 27 Feb 2014, 10:20 13

4. tedkord (Posts: 4739; Member since: 17 Jun 2009)


You don't say. An American jury?

posted on 27 Feb 2014, 10:23 10

5. PBXtech (Posts: 977; Member since: 21 Oct 2013)


In California, not far from Apple HQ.

posted on 27 Feb 2014, 11:10

11. JunitoNH (Posts: 893; Member since: 15 Feb 2012)


You don't say, a bunch of thieves? Maybe next time Apple should use the commission from the North.

posted on 27 Feb 2014, 11:36

12. Droid_X_Doug (Posts: 5752; Member since: 22 Dec 2010)


And give each commission member a free iPhone so they can see the similarities for themselves. On further consideration, Apple would need to give them two free iPhones each - one for them and one for the dear leader. Otherwise, they might end up digging their grave before they get shot for being a tool of selling out their fellow proletariat.

posted on 27 Feb 2014, 10:33 2

6. sprockkets (Posts: 1160; Member since: 16 Jan 2012)


You don't say, the internet's anti FOSS guy Florian Mueller?

posted on 27 Feb 2014, 10:46 1

9. Ashoaib (Posts: 2010; Member since: 15 Nov 2013)


I wish I could create a phone company and infringe each n every paten of apple.... hahaha

posted on 27 Feb 2014, 13:48

14. rf1975 (Posts: 243; Member since: 01 Aug 2011)


They should have been allowed to file case against any company for using the SEP without paying money. But should not be allow to ban any product based on SEP.

posted on 27 Feb 2014, 09:40

2. chocowii (Posts: 327; Member since: 30 Jan 2014)


God must bid that awful S5 design. Of all patents to copy, they forgot to copy the aesthetics.

posted on 27 Feb 2014, 10:39 2

7. willard12 (Posts: 785; Member since: 04 Jul 2012)


We'll just have to wait and see if Apple sues claiming the S6 copies their design. I also think this article refers to Apple's copying of Samsung.

posted on 27 Feb 2014, 10:48

10. Ashoaib (Posts: 2010; Member since: 15 Nov 2013)


Samsung forgot but apple will not forget and bring a law suit soon that S5 is a carbon copy of iphone...

posted on 27 Feb 2014, 09:51 4

3. cripton805 (Posts: 920; Member since: 18 Mar 2012)


That's the problems with patents. Monopolies are illegal, but those patents are bought off and held by the richest company to hold and keep other companies from starting up. The patents are also too broad and include way too much. It's hard to believe that anybody can make anything without breaking some kind of patent or copyright. I mean seriously, the word candy is taken and theres a legal battle in regards to candy crush.

Keep the poor poor and the rich even richer.

posted on 27 Feb 2014, 10:43 2

8. Ashoaib (Posts: 2010; Member since: 15 Nov 2013)


It seems it is only legal n no law broken if apple use dirty tricks... but every law broken if someone else take rightful action against apple...

posted on 27 Feb 2014, 13:21 1

13. lyndon420 (Posts: 1736; Member since: 11 Jul 2012)


Where are the terrorists when we really need them???

posted on 27 Feb 2014, 23:31

16. Ashoaib (Posts: 2010; Member since: 15 Nov 2013)


Hahaha

posted on 27 Feb 2014, 14:57

15. taz89 (Posts: 2014; Member since: 03 May 2011)


Lol Mueller

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