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Samsung raises white flag in standard-essential patent clash in Europe

post #1 of 40
Thread Starter 
Seeking a d?tente in the ongoing antitrust case brought against it by the European Union, Samsung has offered to put a halt to lawsuits over standard-essential patents for a period of five years.

European Commission


The South Korean conglomerate "offered to abstain from seeking injunctions for mobile SEPs (standard essential patents) for a period of five years against any company that agrees to a particular licensing framework," said the European Commission on Thursday in a statement reported by the BBC. If the case is not settled and Samsung is found guilty, the company could face a fine of more than $18 billion.

The EU argued that Samsung abused its collection of standard-essential patents, which by law must be licensed at fair and reasonable rates to any party who wishes to license them, by leveraging the patents against Apple in an attempt to ban sales of iOS devices across Europe. Samsung was formally charged in the case last December.

"Intellectual property rights are an important cornerstone of the single market," Joaqu?n Almunia, the European Commissioner for Competition, said at the time. "However, such rights should not be misused when they are essential to implement industry standards."

In Thursday's statement, Almunia painted a victory for the EU in the antitrust case as a boon for consumers.

Standard-essential patent "abuses must be prevented so that standard-setting works properly and consumers do not have to suffer negative consequences from the so-called patent wars," he said. He added: "If we reach a good solution in this case, it will bring clarity to the industry."

Samsung has been fighting an uphill legal battle of late. In the month of October alone, Samsung has suffered an import ban on several models of handsets that violate Apple patents and been accused of inappropriately misusing confidential information obtained as part of the landmark Apple v. Samsung trial that resulted in a landmark $1.05 billion verdict.
post #2 of 40
5 years not seeking injunctions on SEP's? How very kind¡ Not. Go Xerox a Xerox machine. Or something. But do something on your own, instead...oh, what's the use.

Hey that could work as a tagline.

Samsung.
Oh, what's the use
post #3 of 40
This is not giving up. They are simply trying to avoid the possible maximum $18.5 billion fine. What they're saying us that they will suspend their illegal attempts for five years, and that after that time, they may continue their illegal practices.

I really hope that the EU sees through this tactic.
post #4 of 40
BAN Samsung .... They stole from Dyson as well!
post #5 of 40
Fine SamDung .... Plus Ten Year BAN and Court Supervison for Twenty Years .......

They are very unprofessional and abused the systems to gain an unfair advantage from Apple and many other smaller companies such as Dyson just to name one .....

I was all for Samsung 5-6 years ago but when you can't trust them and they steal, I done with them ....

BAN SamDung!
post #6 of 40
I got a better idea. Fine them $18B and order them to never do it again.

Case closed.

Welcome to reality Samsung. Here's hoping to get your a$$ handed to you on a platter.
post #7 of 40

Wait they will not sue as long as companies agree to follow their licensing framework. So how is this any different. It is looking like they are saying is to avoid the fine they will not sue, but only if the EU ensure everyone follows their licensing requirements,

 

Yeah, why sue when you got the government forcing everyone to license even if you think it is not required I bet. Sounds like a win/win for Samsung, so not pay out any money but guarantee to get licensing fees.


Edited by Maestro64 - 10/17/13 at 12:00pm
post #8 of 40
Also saw the USPTO upheld the Steve Job's patent back on September 4 (why wasn't this announced?). Now Samsung can't legally get away with using these patents so of course they're doing whatever they can to survive. Add Judge Koh's body slam over the leaked confidential material and Samsung is on the cliff holding on for dear life. If this was NCAA football, Samsung would be very close to the death penalty.
post #9 of 40
Isn't this the same company whose current Chairman (and son of the founder) was supposed to go to prison but was pardoned by the South Korean government so he could help the country land the Olympics? The same guy whose former legal counsel writes tell-all books about the depths of his corruption?

They certainly kept their word about not sharing confidential information from the Apple court case in California. *rolleyes*
post #10 of 40
Sad and disappointed outcome. They just don't understand Asian, particularly Korean culture.

Samsung has keep pockets and if a significant hurt to its pocket is not dealt to them, they will never learn from it and change. Copying will continue endlessly and shamelessly...
post #11 of 40
Like the school bully, caught once too often, Samsung, acquiesce, promises, vouchsafed, behaviour changed.

But from dark corners, time he does bide, stealthily skulking its prey.
Edited by mhikl - 10/17/13 at 9:30am

When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

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When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

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post #12 of 40
Originally Posted by PhilBoogie View Post

Samsung.
Oh, what's the use

 

 

Marvin’s an android, too, so it works out.

Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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post #13 of 40
Eff you, Sammy. Fine them the billions of dollars anyway.
post #14 of 40

And in other news, Samsung and Googorola should really be starting to feel the heat.

http://www.fosspatents.com/2013/10/us-patent-office-confirmed-all-20.html

post #15 of 40
All coming to a local court room near you .....

Wonder what Kohl will do .....

Hopefully like dominoes, SanDung will fall fast and hard .... Been a long time coming!
post #16 of 40
Quote:
Originally Posted by Cpsro View Post
 

And in other news, Samsung and Googorola should really be starting to feel the heat.

http://www.fosspatents.com/2013/10/us-patent-office-confirmed-all-20.html

By the way, Florian Mueller doesn't think Samsungs offer to the EU is much of a white flag. http://www.fosspatents.com/2013/10/eu-commission-market-tests-totally.html


Edited by draugminaion - 10/17/13 at 10:23am
post #17 of 40
$18.5 billion. That would be a fitting penalty for Samsung.

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"Apple should pull the plug on the iPhone."

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post #18 of 40
Quote:
Originally Posted by Cpsro View Post

And in other news, Samsung and Googorola should really be starting to feel the heat.
http://www.fosspatents.com/2013/10/us-patent-office-confirmed-all-20.html


Thanks for link. That is great news. Wish SJ was here to see his patents upheld.
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Enjoying the new Mac Pro ... it's smokin'
Been using Apple since Apple ][ - Long on AAPL so biased
nMac Pro 6 Core, MacBookPro i7, MacBookPro i5, iPhones 5 and 5s, iPad Air, 2013 Mac mini.
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post #19 of 40
This is hardly waving the white flag...just more obfuscation and general dissembling. It worked before so they're trying again.
I can't imagine this being accepted since submissions from Apple, Microsoft and other interested parties will point out the obvious flaws and that with the latest news about Samsung's egregious misuse of Apple's contractual information, why should anyone trust them?
Simply...they can't be trusted. It's time for some powerful body to call them out.
post #20 of 40
Quote:
Originally Posted by Cpsro View Post
 

And in other news, Samsung and Googorola should really be starting to feel the heat.

http://www.fosspatents.com/2013/10/us-patent-office-confirmed-all-20.html

I think it sums it up, yet again Steve learned from the past and patented everything and used his war chest of patents to go thermonuclear on Google.

 

Bad tactic they cell phone industry as well as google tried using essential patents against apples non-essential patents. As it was found out that Motorola attempted to blackmail Apple into licensing over all the GUI patents just to use the cellular essential patents. I bet Google will be looking to exit Android soon since it not going to get better since ever partners of theirs will now need to design around all of apples patents.

post #21 of 40

Samsung: We'll agree to obey the law for 5 years, after which time we'll go back to breaking the law.

 

What kind of agreement is that?

Author of The Fuel Injection Bible

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Author of The Fuel Injection Bible

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post #22 of 40
Quote:
Originally Posted by Tallest Skil View Post

Oh, what's the use logo ^

Ha! And no spooky green little robot, inspired by restrooms. And that's where it should go: down the crapper

post #23 of 40
Quote:
Originally Posted by Tallest Skil View Post
 

 

 

Marvin’s an android, too, so it works out.

Awesome

oneof52
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post #24 of 40
"... a particular licensing framework"? The use of a capricious and punitive framework is how Samsung drew the ire of major companies and regulators. It is clear that Samsung intends to do whatever it can get away with, whenever it can. The living definition of sleazy and unscrupulous.
post #25 of 40

Have they paid Apple the money they owe them yet? 

post #26 of 40
Quote:
Originally Posted by Quadra 610 View Post

Have they paid Apple the money they owe them yet? 

It hasn't been determined how much Samsung owes yet. Part of the original finding is being re-tried because of a jury error.
melior diabolus quem scies
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melior diabolus quem scies
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post #27 of 40

Let the EU fine this patent troll for at least the 18B.

post #28 of 40
Originally Posted by Gatorguy View Post
It hasn't been determined how much Samsung owes yet. Part of the original finding is being re-tried because of a jury error.

 

“And what are your findings?”
“Well, we screwed up the placement of the decimal point.”
“Which implies?”
“Well, instead of 18.5 billion it’s 185 billion.”

“Works for me.” *gavel*

Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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post #29 of 40

5 Years?! FRAND is non-revocable, it's forever!

Unbelievable, these guys are so evil

bb
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bb
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post #30 of 40
Quote:
Originally Posted by Gatorguy View Post


It hasn't been determined how much Samsung owes yet. Part of the original finding is being re-tried because of a jury error.

Followed by the appeals ...

post #31 of 40
Quote:
Originally Posted by AppleInsider View Post

Samsung has been [...] accused of inappropriately misusing confidential information

 

Much worse than appropriately misusing that information. :no:

 

This has been reported to the Department of Redundancy Department.

post #32 of 40
Dear EU:

We promise not to unlawfully sue anybody for the next 5 years, so that you don't drop the fine hammer on us. And in 5 years when we start suing again, and you bring back your antitrust action, we'll promise some other crap that we have no intention of making good on in order to weasel out of it then too.

Oh, and all those Attorney eyes-only documents that will be generated during the discovery phase of these actions? We absolutely super-promise that they will not be shown / emailed to corporate managers that should in no way ever see that stuff. We swear!

Sincerely,
Samsung
post #33 of 40
Is there a way where, as an individual, I can elect to receive similar treatment for crimes that I commit?

Take for example, driving.

If I get caught speeding, I'm more than happy to promise the police officer that, if he lets me off, I will definitely not speed any more. But only for the next month or so.

Surely it is logical and fair to apply this type of treatment to individuals if companies are treated in such a manner?

Right?

1wink.gif
post #34 of 40

Reading their proposal, Samsung should shove their white / blue flag up where no man has ever done to them before ....

 

On 2nd thought, EU is not as soft as U.S., you know ;)

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Inside Google! 

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....the lack of properly optimized apps is one of the reasons "why the experience on Android tablets is so crappy".

Tim Cook ~ The Wall Street Journal - February 7, 2014

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post #35 of 40

Actually this isn't a white flag at all.  Basically it says that Samsung will stop suing for 5 years.  After that the companies are forced into the licensing framework.  That framework is forced arbitration.  Basically the other company loses the right to fight the abuse of the SEP patent and is forced into licensing terms.  It's about as far away from a white flag as you can get.  Samsung will stop suing and everyone else is forced into paying for the abuse?  wtf?!?!  It's more of a car jacking then a white flag.

 

source..

http://www.fosspatents.com/2013/10/eu-commission-market-tests-totally.html


Edited by Serendip - 10/17/13 at 4:11pm
post #36 of 40

Don't know about 'throwing' the book at Samsung, I think the time has come to 'close' the book & closedown, or breakup, that corrupt, immoral excuse of a company conspiracy.

post #37 of 40
Quote:
Originally Posted by PhilBoogie View Post


Ha! And no spooky green little robot, inspired by restrooms. And that's where it should go: down the crapper

 

How apropos. Going to the can is now symbolized by a unisex green trash can.

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #38 of 40
Quote:
Originally Posted by Gatorguy View Post


It hasn't been determined how much Samsung owes yet. Part of the original finding is being re-tried because of a jury error.

 

That's the spirit! Never give up hope.

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #39 of 40
NAIL THE BASTARDS!
post #40 of 40
Quote:
Originally Posted by Serendip View Post
 

Actually this isn't a white flag at all.  Basically it says that Samsung will stop suing for 5 years.  After that the companies are forced into the licensing framework.  That framework is forced arbitration.  Basically the other company loses the right to fight the abuse of the SEP patent and is forced into licensing terms.  It's about as far away from a white flag as you can get.  Samsung will stop suing and everyone else is forced into paying for the abuse?  wtf?!?!  It's more of a car jacking then a white flag.

 

source..

http://www.fosspatents.com/2013/10/eu-commission-market-tests-totally.html

And, since much of the reason FRAND abuse was something worth trying is lack of clarity  about what FRAND is supposed to be and what the law has to say about it. Having forced arbitration in secret, as Samsung proposes, will make things worse.

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