EU antitrust body to investigate Samsung's use of patents against Apple

Apple has been waging a legal battle with Samsung over the look and feel of its Galaxy line of smartphones and tablets. In response, Samsung filed a series of its own patent infringement lawsuits against Apple that involve 3G technology. These countersuits may have landed Samsung in hot water with the European Union as some of these patents may be subject to FRAND (fair, reasonable and non-discriminatory) licensing terms.

FRAND extends to patents that cover industry standards like 3G technology. Any company that's involved in the development of a standard must license patents essential to the technology at a reasonable rate and with reasonable terms and conditions. These patents are not supposed to be used as weapons in a legal battle.

The European Commission has opened a preliminary investigation and is examining whether Samsung's lawsuits against Apple have abused FRAND standards. This investigation was first mentioned publicly in a recent court filing by Apple in California and later confirmed by Samsung in a statement released to Computerworld.

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 European Commission will now gather information from all parties involved and will determine whether there's enough evidence for a full investigation. If the EC continues, Samsung could be forced to withdraw its lawsuits against Apple. It could also face a possible fine.

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Apple has been waging a legal battle with Samsung over the look and feel of its Galaxy line of smartphones and tablets. In response,...

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Mercado

Had this been Samsung verse dell none of this would have mattered , but seeing how it's against the dead stiff company . theirs always an issue,Come EU you know the dead guy copied from Samsung & everyone else & then called it innovation.

November 07 2011 at 12:03 AM Report abuse Permalink -4 rate up rate down Reply

Vittorio P

So Apple sued and won over samsung over the looks and feel of the devices and it's fair, reasonable and non-discriminatory but when Samsung sues Apple on a practical patent it isn't?
Don't be mad at me I still think both of legal actions are stupid and dumb and only us buyiers are damaged ,but in this case it is a bit sad.

November 06 2011 at 2:09 PM Report abuse Permalink -7 rate up rate down Reply

Darkflame

I'm sorry but FRAND is horse manure. If you put a curve in your phone apple comes after you with guns blazing and wins 99% of the time. If you develop a beautiful device, apple comes at you with guns blazing and wins 99% of the time.

Now apple needs to use your patent to make their product work and apple gets to license it from you for a fair licensing fee. I guess all that saved up money in fair licensing fees comes in handy for when you get to go guns blazing against everyone else.

The EU and Patent offices needs to be investigated cause there's corruption far beyond the scope of Apples stench.

November 06 2011 at 1:16 AM Report abuse Permalink -7 rate up rate down Reply

2 replies to Darkflame's comment

Richard Hyland

That's not how FRAND works.

There were a bunch of competing technologies before it was standardised. When the standards for 3G, GPRS, etc were being made assurances were made that those technologies required to use what basically makes up using the service would be licensed under fair and non-discriminatory terms.

The patents that Samsung are trying to sue Apple over are standards based patents. Now Apple have to license them to use the technology but they are only required to under FRAND terms and not whatever Samsung feel like.

The difference between those patents and the ones Apple are suing over, is that none of the Apple patents are required to allow a phone to connect to the networks and are not part of any standard.

November 07 2011 at 4:58 AM Report abuse Permalink +2 rate up rate down Reply

Adrian von Gegerfelt

It's not about the curves - it's about the whole presentation. From boxes to shape to interface to peripherals.

If you can't see the likeness, you must be truly blind. No other Android/Windows Phone maker rips Apple off as Samsung does.

Here's a short article FYI:

http://peanutbuttereggdirt.com/e/custom/Apple-vs-Samsung-3-Package-Design.html

November 07 2011 at 8:20 AM Report abuse Permalink +3 rate up rate down Reply