Samsung Apple Dutch
March 16, 2012 by staff
Samsung Apple Dutch, The legal battle between Samsung and Apple in courtrooms across the globe continues, with the latest episode played out in the Netherlands. Samsung was attempting to get the iPad and iPhone banned from sale in the country, but that bid has been an unsuccessful one.
Samsung took aim at Apple with the usual patent infringement accusations, this time over 3G technology.
The Dutch court ruled that in light of FRAND licensing obligations governing patents, Samsung could not pursue its injunction while Apple appears willing to negotiate a license agreement under FRAND terms.
Florian Mueller of FOSS Patents noted: “Furthermore, the court held that Samsung cannot assert 3G/UMTS patents against the iPhone 4S due to patent exhaustion: Apple is licensed by extension since it purchases baseband chips from Qualcomm, and Samsung’s attempt to terminate its license agreement with Qualcomm as far as third-party beneficiary Apple is concerned failed because Samsung had make a commitment to ETSI, the standards body in charge of 3G, that it would grant irrevocable licenses to its 3G/UMTS-essential patents.”
Mueller concluded: “So far, Samsung has not been able to prevail with any of its offensive claims against Apple anywhere on this planet. Today’s ruling is only the latest in a series of losses. Samsung succeeded against Apple only defensively by fending off, or winning the reversal of, decisions in Apple’s favour.”
“Against that background, Samsung is not presently in a position to force Apple into a settlement on the Korean company’s preferred terms.”
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