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Samsung wins Dutch ruling versus Apple over 3G technology

updated 12:37 pm EDT, Wed June 20, 2012

Apple now owes royalties, Hague court says

Samsung has won a legal victory against Apple through the Netherlands' Hague District Court, according to The Verge. Apple is said to have violated patent EP1188269, one relating to 3G networking. Because the patent is classified as a FRAND (fair, reasonable, and non-discriminatory licensing) item, Samsung is not entitled to any sales or import bans; the court has stated, however, that Apple owes the company compensation.

Samsung issued an official statement before the decision was even made public. "Samsung welcomes the decision of the court in The Hague, which again confirms that Apple makes free use of our technological innovations. In accordance with this statement, we will recover adequate damages that Apple and its products have caused," it reads. Infringing Apple products are said to include the iPhone 3G, 3GS, and 4, as well as the first- and second-generation iPads.

Apple has won most of its legal battles with Samsung so far, sometimes securing injunctions. The companies are currently headed toward a US trial next month, having failed to reach a settlement in court-ordered talks. Recently Apple attempted to block Samsung's flagship Galaxy S III smartphone from launching in the US, but a district court judge blocked the motion.



By Electronista Staff
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  1. facebook_Collin

    Via Facebook

    Joined: Jun 2012

    +3

    This is a good thing.

    Shamesung will now try to gouge Apple on the royalties for a FRAND patent, consequently garnering attention from the EU courts for doing so. I view this as a long term win for Apple.

  1. glideslope

    Grizzled Veteran

    Joined: Mar 2002

    +2

    Netherlands?

    Aren't they about Smoked and Pickled Hearing? I like the ones with onions myself.

  1. chas_m

    Moderator

    Joined: Aug 2001

    +2

    Not a win for Samsung at all

    Apple being found "guilty" of using a FRAND patent is like saying you pirated a public-domain movie.

    This is actually a big win for Apple, as it reinforces their position (now legally established as fact) that Samsung is abusing its FRAND patents in court. Ultimately, a big loss for them really.

  1. global.philosopher

    Fresh-Faced Recruit

    Joined: Sep 2010

    +2

    FRAND

    ND = non-discriminatory. Lets see how Samsung decide what non-discriminatory licensing is. They MUST treat Apple like any other licensee which has been Apple's biggest issue so far. Apple are not concerned about FRAND or IP in general but concerned how Motorola and Samsung are trying to use FRAND licenses (IP that has been submitted to standards body's) to punish Apple by treating them different to other licensees. Samsung/Motorola shoud pay heed to the other parts of the FRAND acronym...ie. Fair and Reasonable.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    0

    Re: Not a win...


    This is actually a big win for Apple, as it reinforces their position (now legally established as fact) that Samsung is abusing its FRAND patents in court. Ultimately, a big loss for them really.


    Except Apple hasn't been licensing it at all either.

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