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Samsung sued by Ericsson over refusal to renew FRAND patents

Posted: , by Alan F.

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Samsung sued by Ericsson over refusal to renew FRAND patents
One of the phones involved with the Ericsson patents is the Samsung Galaxy S III

One of the phones involved with the Ericsson patents is the Samsung Galaxy S III

According to Swedish tech firm Ericsson, Samsung is currently selling unlicensed mobile devices after a patent deal signed by both firms in 2001 and renewed in 2007, expired. The patents covered by the licensing pact are standards essential patents meaning that they are covered by the FRAND rules which means that licensing deals for these patents should be "fair, reasonable, and non-discriminatory". Ericsson claims that Samsung wants to "renew its license at a rate that is a small fraction of the rate other similarly situated companies pay Ericsson," the filing said. "Samsung's refusal to pay a FRAND rate gives it an unfair competitive advantage over its competitors who have licensed Ericsson's patents." As a result, Ericsson says that Samsung has sold hundreds of millions of unlicensed products including the Samsung Galaxy S III.

Not only has Samsung failed to renew the agreement with Ericsson, it has also refused to allow Ericsson to license any of its FRAND patents in an attempt to get Ericsson to cut the price of its licensing terms. The Swedish firm pointed out how Samsung in court said that all companies using a standard in its products need to agree to FRAND licensing terms, but once it is in this position itself with Ericsson, Samsung refuses to agree to terms. Eleven Ericsson patents are involved in the suit.

The smartphones involved in the battle with Ericsson include the Samsung Galaxy S III, Samsung Galaxy S II, Samsung GALAXY Note, Samsung Galaxy S 4G and the Windows Phone based Samsung Focus and Samsung Focus S.

"Despite nearly two years of negotiations involving the most senior management at both companies, Samsung has refused to renew its expired license to Ericsson's industry leading portfolio of telecommunications patents on the same fair, reasonable, and non-discriminatory (FRAND) terms that Samsung's competitors have previously accepted."

"Samsung has sold hundreds of millions of unlicensed cellular handsets, smartphones, tablet computers, and televisions since the expiration of its license, including its flagship Galaxy S III smartphone"

"At the trial of that matter in the United States District Court for the Northern District of California, Samsung asserted all companies implementing a standard in its products must seek out and accept a license on FRAND terms. Yet, when the tables are turned and Samsung finds itself in the position of being the prospective licensee, it now refuses to license Ericsson's standard-essential portfolio at FRAND rates."-Ericsson

source: PCMag

34 Comments
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posted on 28 Nov 2012, 13:05 13

1. Topcat488 (Posts: 1148; Member since: 29 Sep 2012)


I'M a OG-Note user, and i say if Sammy doesn't pay sue them... To be fair here, Samsung raise the price 20% on Apple for their product... Inflation is a bitch!

posted on 28 Nov 2012, 13:09 16

2. Aeires (unregistered)


SS needs to do the right thing and just pay the fees.

posted on 28 Nov 2012, 20:11 1

25. networkdood (Posts: 6267; Member since: 31 Mar 2010)


good point - just get the money from APPLE and hand it over to Ericsson. Man, Samsung should just get the deal done, so that they concentrate on the issues with APPLE.

posted on 29 Nov 2012, 08:45 2

32. joey_sfb (Posts: 2914; Member since: 29 Mar 2012)


I think Samsung has made enough to pay Ericsson. Don't become what you hated most.

posted on 28 Nov 2012, 13:10 13

3. asulect (Posts: 131; Member since: 27 Aug 2012)


Samsung may just want to lose here. If Samsung lose, it can ask Apple to pay the same inflated FRAND rate. If it wins against Ericsson, then Apple will use this case as hypocrisy against Samsung.

posted on 29 Nov 2012, 10:25

33. V3TTOO (Posts: 27; Member since: 29 Nov 2012)


This is an awesome point. I hope that is what is going on and they aren't just being hypocrites.

posted on 28 Nov 2012, 13:20 4

4. Katrina (Posts: 65; Member since: 17 Aug 2012)


lol its like no one gives a crap about ericsson anymore, ever since sony bought them out. haha

glad that sony did that. lol yea but still sammy should just pay it and not be a d**k like apple. -..-

posted on 28 Nov 2012, 13:40 13

7. aokde (Posts: 186; Member since: 09 Jul 2012)


sony didn't buy ericsson, sony bought their 50% share from ericsson, there's a difference. get your facts right.

posted on 28 Nov 2012, 14:00 1

11. Katrina (Posts: 65; Member since: 17 Aug 2012)


Same thing thats what I meant. Bought them out bought out their shares. Them referring to their shares, stop acting like a smart ass, going through peoples post and find their mistakes when there's no mistakes, just cause you want to defend Sammy.

posted on 28 Nov 2012, 14:39 6

18. smallworld (Posts: 438; Member since: 13 Jul 2012)


You're wrong again...

posted on 28 Nov 2012, 16:06

23. BillyG (Posts: 305; Member since: 24 Sep 2012)


blind and stupid. perfect combo.

posted on 28 Nov 2012, 23:58 4

31. aokde (Posts: 186; Member since: 09 Jul 2012)


I'm not defending samsung nor i'm defending sony, am just saying, you should get your facts right.
And btw, i'm a hardcore sony fan.

posted on 28 Nov 2012, 20:11 1

26. networkdood (Posts: 6267; Member since: 31 Mar 2010)


http://www.phonearena.com/news/Sony-officially-kills-Sony-Ericsson-website-replaces-it-with-Sony-Mobile_id27162

posted on 28 Nov 2012, 13:23 6

5. smallworld (Posts: 438; Member since: 13 Jul 2012)


Ericsson has tons of patents. Samsung can't win.

posted on 28 Nov 2012, 13:41 4

8. MartyK (Posts: 711; Member since: 11 Apr 2012)


Yeah, but cup and string don't count..hahahahah

But yeah, Samsung needs to pay up!!

I know Ericsson and it's legal team ( all 2 of them) will win..hahaha

posted on 28 Nov 2012, 13:25 3

6. ryq24 (Posts: 497; Member since: 17 Oct 2011)


if its apple suing there is some doubt if it is true or not but ericcsson suing samsung give it more credibility that samsung really infringe on ericsson patents.

posted on 28 Nov 2012, 20:22 1

29. -box- (Posts: 3795; Member since: 04 Jan 2012)


Especially because they had an agreement before.

C'mon samsung, you have the money, and it's for a good cause. Cough up.

posted on 28 Nov 2012, 13:46 2

9. gallitoking (Posts: 4690; Member since: 17 May 2011)


so will people still say that Samsung is just defending themselves..

posted on 28 Nov 2012, 13:58 8

10. Aeires (unregistered)


Too bad you didn't read the comments, if you did you'd see most people think SS should just pay the fees. Or you're just trolling and did read the comments.

posted on 28 Nov 2012, 14:05 1

12. gallitoking (Posts: 4690; Member since: 17 May 2011)


my comments were made to Sammy kids. whom read but have not post yet. they know who they are

posted on 28 Nov 2012, 14:25 5

15. tedkord (Posts: 4747; Member since: 17 Jun 2009)


Here's a better question. Will you defend Samsung, since they're doing the same thing as Apple?

posted on 28 Nov 2012, 17:24 2

24. PapaSmurf (limited) (Posts: 8300; Member since: 14 May 2012)


No reply haha.

posted on 28 Nov 2012, 20:14 1

27. networkdood (Posts: 6267; Member since: 31 Mar 2010)


Ted, you know better than that...lol.
G-King and his cohorts will always side with APPLE like a pirates' crew going down with the ship.

posted on 28 Nov 2012, 14:26 2

16. Aeires (unregistered)


So you lowered yourself to their level, nice job.

posted on 28 Nov 2012, 14:21 4

13. zekes (Posts: 207; Member since: 14 Aug 2012)


Samsung needs to start playing fair and pay they been in the business longer than them.

posted on 28 Nov 2012, 14:22 2

14. XPERIA-KNIGHT (Posts: 2452; Member since: 08 Aug 2012)


well i think its about time Sony does wats right and get what is owed them.......even if it means going at the big guns.......time to step up Sony make em pay for what they owe you....and yes make em pay for EVERYTHING.....whether small or big

posted on 28 Nov 2012, 14:42

19. smallworld (Posts: 438; Member since: 13 Jul 2012)


What exactly do you have in mind ?

posted on 28 Nov 2012, 14:53

20. XPERIA-KNIGHT (Posts: 2452; Member since: 08 Aug 2012)


hahaha i dont know man but some how i think they've been getting step on for quite some time now!

posted on 28 Nov 2012, 15:21 2

22. smallworld (Posts: 438; Member since: 13 Jul 2012)


TRUE. Japanese, especially Sony, have invented/developed/codeveloped so many thing that changed our lives.

posted on 28 Nov 2012, 14:34

17. wendygarett (unregistered)


Galaxy s3 is an unlicensed handset? That sound strong word to me...

posted on 28 Nov 2012, 14:54 1

21. XPERIA-KNIGHT (Posts: 2452; Member since: 08 Aug 2012)


be careful........cause it might be "true" words :)

posted on 28 Nov 2012, 20:19 2

28. Amiya (Posts: 11; Member since: 08 Sep 2012)


ss sued by apple, lg now by ericsson .

posted on 28 Nov 2012, 21:13 1

30. rudlie (Posts: 182; Member since: 13 Mar 2012)


samsung sued apple with the patents from ericsson? what a embarassing. pay it samsung, don't tell us you are big company if you unable to pay ericsson. even samsung infringed FRAND patent, what a embarassing

posted on 30 Nov 2012, 03:47 1

34. argiriano (Posts: 2; Member since: 30 Nov 2012)


Why there is so many people that didin`t make the difference between SonyEricsson and Ericsson?
Ericsson is one of the leaders of phone industry as a whole, they choose to comeback to be just network equipment company and they are a leading one. Ericsson have on of the strongest patent portfolio in 2G, 3G, and 4G, and will become even stronger when LTE Advanced will be deployed as they are one of it`s inventors. Big part of theirs 2G patents are considered ESENTIAL, that`s why Samsung don`t have a chance in this case.

Did you ever ask yourselves why the hell Apple didn`t sue SonyEricsson or Sony 'till today...? Well the truth is, that Apple have to pay Ericsson before presenting iPhone to the world. ;) It`s called patents and Apple knows that very well, so cross-licensing working well for now, but how far after the split we shall see.

If that`s not enough Ericsson didn`t just make equipment, they inventing... just like Bluetooth a couple of years ago, at this year CES they presented the next step of comunication between devices when using your body as a connector for doing that.

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