Samsung requests ITC ban on Ericsson products in patent row
updated 11:10 am EST, Wed December 26, 2012
Request mirrors similar ban complaint by Ericsson one month ago
Samsung has filed a complaint with the International Trade Commission, seeking a ban in the US on the import and sale of Ericsson devices. The ban request comes less than a month after Ericsson requested the same ban on Samsung devices, with both ITC complaints stemming from the patent dispute between the two companies.
Nam Ki-Yung, a Samsung spokesman speaking to the Wall Street Journal, claims that Ericsson violates seven patents owned by the South Korean electronics manufacturer, and that Ericsson is "unwilling" to continue negotiations with Samsung, with "unreasonable claims" being blamed. Ericsson's own statement at the time of its ITC complaint called the request for banning products a “part of the process,” and that "Our goal is that they sign license agreements on reasonable terms."
Each side differs in what it believes are "reasonable terms" in license negotiations over standard essential patents. Samsung is arguing that the fees involved are too high and should be lowered, though Ericsson, the recipient of said fees, believes that reducing the fee would give Samsung an unfair advantage in competing with other Ericsson patent license holders.
Samsung has not enjoyed its time in US-based courts, with its infamous $1.05 billion loss in a patent infringement case against Apple being its most costly litigious engagement so far.
