Japanese court rules that Samsung wrongly used its FRAND patents to seek Apple sales ban

Japanese court rules that Samsung wrongly used its FRAND patents to seek Apple sales ban
A Japanese District Court ruled this week that Samsung used its Standards Essential patents in an attempt to get the court to force a sales ban against Apple. At the same time, Samsung was using these patents to try to grab higher royalties than normal, from its rival. Because these patents are required to produce certain products, negotiations to secure a licensing agreement for them are supposed to be conducted using FRAND terms. In other words, setting royalty rates for these patents should be done in a fair, reasonable, and non-discriminatory manner.

Samsung was accused of abusing its FRAND patents in Japan by failing to negotiate in good faith as required under the Japanese civil code. It was also accused of admitting that its patent was essential for Apple to build the iPhone using the 3GPP standard, but then tried to win a sales ban against Apple by using the very same patent. Courts around the globe have not looked too kindly on companies that try to get a sales ban while negotiating royalties on a FRAND patent. Some might even consider it blackmail. We're not sure what the legal terminology is, but let's just say that it is a 'Bozo no-no.'

Samsung also failed to disclose its patent until two years after the ETSI standards body adopted its invention as a standard part that every phone manufacturer would have to license, in order to produce a working phone. As a result, the court ruled that Samsung had no business requesting a sales ban against Apple, and capped the price that Apple has to pay to license the Standards Essential patent from Sammy to 9.9 million Yen ($95,000 USD).

Just the other day, Apple and Google's Motorola Mobility dropped all suits against each other and reached a settlement. It seems that the animosity between Apple and Samsung runs too deep for such a settlement to take place between those two tech titans.

source: AppleInsider



1. dontneedtoknow

Posts: 158; Member since: Feb 17, 2014

Yet Apple is the patent troll which is backed by US court.

4. Arte-8800

Posts: 4562; Member since: Mar 13, 2014

Apple the "Patent Troll company" And backed by president Obama

9. Ashoaib

Posts: 3297; Member since: Nov 15, 2013

Yup! Its black mailing if others do it but its white mailing when apple do the same... this patent worth is 95000$ bcoz its not apple's patent... might be a billion dollar worth if it was an apple's patent

14. rantao333

Posts: 346; Member since: May 21, 2013

Dint read?

36. InspectorGadget80 unregistered

And the Japanese are blind simpleton fools taken the fruit side.

44. androtaku

Posts: 246; Member since: Dec 12, 2013

they are probably cleverer than you

2. sprockkets

Posts: 1612; Member since: Jan 16, 2012

Too many things they all do that are stupid making it never a black and white issue. Both should just move on.

13. networkdood

Posts: 6330; Member since: Mar 31, 2010

Apple will not let this go, so, of course Samsung is going to sue them at every turn as retribution...

45. PBXtech

Posts: 1032; Member since: Oct 21, 2013

That's likely it, and I'm sure Samsung feels their honor has been tarnished by Apple's ridiculous claims and bans. Both need to work this out and move on.

3. mturby unregistered

so many courts cant be wrong! apple=troll; samsung=copycat.

5. Arte-8800

Posts: 4562; Member since: Mar 13, 2014

Wrong Apple=Troll Samsung=innovation

6. amats69

Posts: 1527; Member since: Nov 12, 2012

innovation?? SERIOUSLY?

7. Arte-8800

Posts: 4562; Member since: Mar 13, 2014

OK revolution If not evolution

8. pwnarena

Posts: 1129; Member since: Feb 15, 2013

we can't deny samsung's innovations. what we can agree on, however, is that its success was built on being a copycat. the company has come a long way. they should just make amends with their past mistakes although i think they are unlikely to regret doing what they did when it meant the kind of success they have now.

10. willard12 unregistered

"Good artists copy, great artists steal." - Samsung CEO.......Oh wait, I mean Apple CEO

15. ardent1

Posts: 2000; Member since: Apr 16, 2011

...ideas." Samsung steals IP. Enough said.

20. willard12 unregistered

Stolen ideas that become someone else's IP is known as patent trolling. But glad to see you support Apple making money on the ideas of others. Enough said.

41. tedkord

Posts: 17408; Member since: Jun 17, 2009

As per the ITC and the United States District Court for the Northern District of California, so does Apple.

46. PBXtech

Posts: 1032; Member since: Oct 21, 2013

An idea is the heart of what makes a patent. Apple has patented many ideas of others.

37. InspectorGadget80 unregistered

Both companies don't know anything bout innovation so please STOP using that word.

17. The13thKing

Posts: 849; Member since: Feb 26, 2014

and the other brands fall into "graveyard" (nokia blackberry) "copycat" (lg and china) "haters" (sony) and "wannabes" (htc)

19. StraightEdgeNexus

Posts: 3689; Member since: Feb 14, 2014

Wrong; apple=bigger copycat. One who shamelessly rips off features from others and still pretend innovating.

22. androiphone20

Posts: 1654; Member since: Jul 10, 2013

Care to explain how? (with links if need be)

24. StraightEdgeNexus

Posts: 3689; Member since: Feb 14, 2014

Android notification drawer, web os cards style multitasking, toggles and much more.

25. androiphone20

Posts: 1654; Member since: Jul 10, 2013

And your link to that?

28. vincelongman

Posts: 5720; Member since: Feb 10, 2013

Where the iOS 7 features came from originally:https://www.youtube.com/watch?v=QrM25jqhXdA Also some other thing here:https://www.youtube.com/watch?v=wFeC25BM9E0 I'd agreed that Google, MS, Samsung, HTC, Sony,... everyother OEM/software developer, have also copied to some degree before as well

29. androiphone20

Posts: 1654; Member since: Jul 10, 2013

Please see post #26

47. PBXtech

Posts: 1032; Member since: Oct 21, 2013

26. androiphone20

Posts: 1654; Member since: Jul 10, 2013

Listen, Apple PAYS for royalties for the technology they use and we all know that Samsung copies then tries by any means necessary to avoid paying anything.

31. willard12 unregistered

The very article you're currently commenting on is about Apple not paying for FRAND patents. I can post a link to this article if necessary. Apple is one of the few companies that does not PAY royalties to Neonode who have slide to unlock in IP (coincidentally it was also Neonode's idea). Yet, Apple has sued Samsung, HTC, and Motorola over it.http://www.macobserver.com/tmo/article/analyst_apple_may_buy_swipe_to_unlock_company/ Rather than PAYING royalties to Android for pattern unlock, Apple filed its own patent. http://www.technobuffalo.com/2014/04/17/iphone-android-pattern-unlock-apple-patent/ It's amazing that people say so many things that are easily disproven in an effort to paint a positive picture of Apple.

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