Samsung could be fined billions for trying to ban Apple products in Europe
posted by Alan F. / Dec 26, 2012, 3:27 PM
Google's wholly owned Motorola subsidiary is also being looked at by the EC for using its standards-essential patents for Wi-Fi and the H.264 video standard to seek a European sales ban on Microsoft's Xbox 360 and Windows Phone handsets. Both Samsung and Motorola could face fines in the U.S. where the FTC this month ruled that Motorola was using its FRAND patents to "hold up" Microsoft. Samsung is being investigated in the U.S.as the Justice Department is examining the Korean tech giant's actions toward Apple with its FRAND patents.
There is a big difference between the patents Apple has been trying to protect with its law suits, and the FRAND patents owned by Samsung and Motorola. Apple seeks to defend the illegal use of patents it owns which are not essential to a product such as the "pinch-to-zoom" gesture, and certain design patents that are in in Apple's IP portfolio. The patents being used by Samsung and Motorola are considered standards-essential which means that because they are essential to the production of a product, the owner of the patent must license it at a fair and reasonable basis to all who request it. If a price cannot be agreed on, both sides must accept the licensing fee determined by the court. Apple said it would pay Samsung for the rights to use the patents in question, but both parties could not agree on the price.
Just before the EC's Competition arm made its statement on Friday, Samsung withdrew its request for the European sales ban on the Apple iPhone and Apple iPad, but has continued its lawsuit against Apple for using Samsung's patent without licensing it. European commissioner for competition Joaquin Almunia says that allowing companies like Samsung that own FRAND patents to ban sales when licensing cannot be agreed on, is akin to a "hold-up" since these patents are essential for a company to operate in a particular market. The EC also decided that since Apple had offered to pay a licensing fee to use the patents, a ban on its products was not warranted''.The commission added, "Recourse to injunctions harms competition." Now it will be up to Samsung to reply after which the EC will announce a fine or take some other action.
Posts: 1612; Member since: Oct 14, 2012
a big 'LOOOOOOOOOOOOOOOOOOOL' to that...!!!
posted on Dec 26, 2012, 3:29 PM 10
That's what happens when you try to put a price on fair and reasonable.
posted on Dec 26, 2012, 5:00 PM 8
Posts: 6023; Member since: Dec 30, 2010
What part of ..."the F in FRAND doesnt mean FREE" dont you understand... No matter how much you want it to be...it .....does...not....mean....FREE. Apple will have to pay something for it, how much is the question.
posted on Dec 26, 2012, 7:52 PM 4
The problem for SS is they obviously did not ask for such a fee from Apple before, and they possibly do not demand such a fee from many companies right now. Therefore EU can charge SS for anti competitive practices. but I guess the fine will be a few millions dollars at most as SS have withdrawn their claims w/o any harm to Apple business.
posted on Dec 26, 2012, 9:56 PM 2
Posts: 64; Member since: Jan 27, 2012
They both need to cut the sh*t.
posted on Dec 26, 2012, 3:32 PM 18
Exactly. It's ridiculous and it makes these comment threads a breeding ground for trolls, both on apple and samsungs side.
posted on Dec 26, 2012, 3:41 PM 6
I'm honestly tired of the lawsuits because it makes it devastatingly difficult for anyone to produce a smartphone without getting sued. There was a story about how Volvo invented and patented the 3-point seat belt. Then, in the interest of public safety, allowed anyone to use it. Sure, smartphone parts/features aren't life or death, but technology as a whole is being held back because no one can move forward without a lawsuit. I get protecting your stuff...but if you're suing over a gesture, I'm not sure what to say. Some features are better for the industry. Innovate on things that actually matter and be happy you were the first to do it. I love Apple and Samsung, but this s**t needs to stop.
posted on Dec 26, 2012, 6:09 PM 7
Posts: 2964; Member since: Oct 08, 2012
Does not matter. The fandroids will find a way to defend SamSUEng.
posted on Dec 26, 2012, 3:35 PM 11
Posts: 6794; Member since: Mar 29, 2012
We don't support any form of lawsuits. Lawsuits does nothing to advance our technology and interests.
posted on Dec 26, 2012, 6:08 PM 3
Posts: 2828; Member since: Aug 11, 2012
And most funny part is Apple didn't want to agree to Court decided fees as Apple thinks they are above law. Not surprising PA misses to quote such things also in same breath :)
posted on Dec 26, 2012, 4:02 PM 15
Apple hasn't refused to pay any fees decided by the court, just ones decided by Samsung which they feel aren't fair. How silly of PA to "miss" your fiction.
posted on Dec 26, 2012, 9:47 PM 2
Posts: 17356; Member since: Jun 17, 2009
Apple offered Samsung $0.005 per device for all of Samsung's patents, which were on actual tech. At the same time Apple demanded over $20 per device from Samsung for shapes, colors, stolen ideas like swipe to unlock, and at least to patents which have since been invalidated by the USPTO for being copied. In the case against Motorola, Apple told the judge that they would not follow her ruling if Motorola were awarded more than $1 per device for all the patents Apple are infringing and have used since the first iPhone without paying a single penny. Now who is being unreasonable?
posted on Dec 27, 2012, 6:12 AM 3
Posts: 2828; Member since: Aug 11, 2012
Read this and you would know that PA didn't miss the fiction as it wasn;t fiction. Apple warned that they would not pay if it is more than $1 what Apple thought is right price to pay. While M$ has in principle agreed to pay what court decides. I am not a fanboy :)
posted on Dec 27, 2012, 3:17 PM 1
Posts: 1043; Member since: Apr 11, 2012
Let me get this straight.. Apple refuse to pay a company to use it products ( FRAND or Non FRAND), Because Apple THINKS the price it too high ( but they keep on using the company product for free). EU is suing the holder of the Patent ( FRAND or Non FRAND) because the Holder of the patent want Apple to pay them or stop using their stuff. Now, tell me, instead of EU suing the Patent holder, why didn't they look at the asking price and be the mediator in this case?. Where are all the wonderful EU lovers?, you guys say USA is terrible when it comes to this, what do you think about your precious EU?...lol
posted on Dec 26, 2012, 4:11 PM 10
Posts: 138; Member since: Nov 15, 2012
That's why Her Majesty, The Queen, refused to join that dreaded union; HRH knew they would go 'belly-up'. Now, they want to use Samsung as a revenue stream; iSay, 'off with their Euro' heads'!!
posted on Dec 26, 2012, 4:18 PM 3
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