EU Investigating Samsung For Using FRAND Patents Against Apple

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Posted November 4, 2011 at 4:11pm by iClarified · 9048 views

Samsung's attempt to shut down Apple products using FRAND patents is now under investigation by the EU, reports FOSS Patents.

Patents that are contributed to industry standards on the basis of so-called FRAND (fair, reasonable and non-discriminatory) licensing commitments must not be used as strategic weapons.

A recent court filing by Apple in California first revealed the investigation.

"Samsung's efforts to coerce Apple into tolerating Samsung's imitation have not been limited to the counterclaims here [in California]. Samsung has launched an aggressive, worldwide campaign to enjoin Apple from allegedly practicing Samsung's patents. Samsung has sued Apple for infringement and injunctions in no fewer than eight countries outside the United States. Indeed, Samsung's litigation campaign and other conduct related to its Declared-Essential Patents is so egregious that the European Commission recently has opened an investigation to determine whether Samsung's behavior violates EU competition laws. Apple brings these Counterclaims In Reply to halt Samsung's abuse and protect consumers, the wireless telecommunications industry, and Apple from further injury."

The investigation was confirmed to Dutch website Webwereld.nl with the Commission making the following statement: "The Commission has indeed sent requests for information to Apple and Samsung concerning the enforcement of standards-essential patents in the mobile telephony sector. Such requests for information are standard procedure in antitrust investigations to allow the Commission to establish the relevant facts in a case. We have no other comments at this stage."

This investigation could force Samsung to withdraw many of its claims against Apple. In fact, a judge in the Netherlands already has dismissed a Samsung request for a preliminary injunction and held that Samsung had failed to honor its FRAND licensing commitment.

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EU Investigating Samsung For Using FRAND Patents Against Apple

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zare you fucking serious - November 5, 2011 at 10:13am

seems like all the comments belowwere written by the same dude under different aliases. what the fuck is wrong with you mate (maybe you work at apple). samsung are the company we need to take apple out of their beloved spotlight. every single thing you have heard about apple on this site alone goes to show what evil, scheming, quick buck fucks they are. hell none of the suits at apple would give two shits about your iphone complaints.

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zare - November 5, 2011 at 10:15am

amen, samsung are trying to give apple some of their own medicine, but apple have offered the judges more cash, what was that other article on this site "APPLES BIGGEST WEAPON - 80 BILLION CASH" or something like that. fuck i bet those judges would take a nice little slice.

josh - November 6, 2011 at 8:41am

^^^^^^^^^ um, well thats cool, how about anyone who posts under Kroo is lets say depressed and socially awkward. isnt it fun trying to diagnose people you have never met. nonetheless i appreciate your sympathy. ZARE

Kroo - November 6, 2011 at 8:44am

oh my goolies zare you a right i am the pathetic scum in this equation. because i decided to attack you whilst you were attacking a corporation.

http://iphonesecret.net - November 6, 2011 at 9:31am

Best blog I have ever read about iphone

TA - November 5, 2011 at 3:55am

Samsung should just bow down to apple and say the following words ' You are my Master' ...simple as that

Kroo - November 4, 2011 at 9:44pm

All these law suits and injunctions being granted against Samsung, plus an investigation of bribery and corruption in South Korea (yep, they've been bribing government employees and officials), they should just admit they steal other companies IP and skulk away. What a pathetic lot they are.

Maj - November 4, 2011 at 8:20pm

I will say this again... It took Samsungs 50+ phone models to surpass apple's 2 Iphones. I'd be ashamed if I was Samsung. Plus copying patents that Apple truly holds as their own, (since Steve jobs invented the smartphone) plus with the embarrassment and dissapointing showing of the galaxy nexus and the highly copied melted ice cream sandwich android OS, it just goes to show what a desperate company in need of attention will do to compete in a world where QUALITY doesn't fall far from the Apple Tree..

? - November 5, 2011 at 3:49pm

"steve Jobs invented the smartphone"! you thick! the better part of Apples patents relate to ideas and not physical inventions. Believe me I love the iPhone but some of the stuff posted on this site is beyond the pale. What Steve Jobs (and his helpers did) was take a load of already invented technologies and wrap them up brilliantly with the best interface to date, there are plus sides and down sides as to why this interface works so well but any one who thinks that the iPhone is the Holy Grail of phones and no other phone has anything to offer is short sighted. Apple didn't get where it is by ignoring other peoples technology but has the one sided view that no one can use any of their ideas but they can use others with impunity.

Big black azz - November 4, 2011 at 5:40pm

Samsung your time is coming.... USA have got their magnifying glass on you boy! you won't get away with your cheap shot tactics..

Breezy - November 4, 2011 at 7:11pm

Its not the USA retard. EU is a European commission

Big black azz - November 4, 2011 at 8:31pm

breezy retard whilst I respect your ability to read, you should read this" A recent court filing by Apple in California first revealed the investigation"