Apple: Samsung shirked FRAND obligations, filed suit before making a licensing offer

Posted:
in General Discussion edited January 2014
Samsung abused its rights as a standard-essential patent holder, Apple said Wednesday, by filing a complaint with the International Trade Commission before even trying to come to an agreement with the Cupertino company over licensing terms.

ITC Logo


Apple noted the abuse in an ITC statement on Wednesday, which was subsequently discovered by FOSS Patents on Thursday. In it, Apple summarizes why a recent FRAND decision ? from the case RealTek v. LSI/Agere ? runs parallel to the complaint Samsung lodged with the ITC.
"The Realtek case is strikingly similar to the instant case. Samsung brought an ITC complaint before making any offer specific to its declared-essential patents, let alone a FRAND-compliant offer. Just as in Realtek, when Apple responded to the ITC complaint by requesting that Samsung provide FRAND terms for the specific asserted patents, Samsung responded by making a non-FRAND demand based on the total price of the accused Apple products--rather than the cost of the relevant accused components. Indeed, Samsung's conduct here is even more egregious--[redacted] In short, just as in Realtek, Samsung's pursuit of an ITC exclusion order directly conflicts with its FRAND commitments."
The RealTek case involved a dispute over the IEEE 802.11 WLAN standard, with Agere, the patent holder, suing RealTek for alleged infringement. The court issued a summary judgment finding in RealTek's favor, ruling that Agere had breached its obligation to license essential technologies in a fair, reasonable, and non-discriminatory (FRAND) manner. The court found further breach in that Agere had sought an injunction before even offering licensing terms.

Apple, in pointing to the RealTek case, is hoping for the same sort of decision to be handed down in its own proceedings. In the RealTek case, the court barred the patent holder from asserting its patent in court without first extending a FRAND offer.

The ITC is scheduled to render a final decision on the FRAND patent case brought by Samsung against Apple in the coming weeks.

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Comments

  • Reply 1 of 59
    sflocalsflocal Posts: 4,537member
    Samsung is in violation of so many things, filing a suit before it was necessary was probably a knee-jerk reaction from being in court so much.

    Bunch of thieves. I hope Samsung gets nailed to the wall. Shame that our court system is so incredibly slow and ineffective in dealing with such violations in a timely manner.

    So when will they schedule a hearing? September of 2016?
  • Reply 2 of 59
    nagrommenagromme Posts: 2,834member
    Remember, though: Apple ALWAYS sues everyone. Nobody ever sues Apple.

    Apple is always wrong--work backwards from there to justify anything :)
  • Reply 3 of 59
    ericthehalfbeeericthehalfbee Posts: 4,042member
    Things just keep getting worse for Samsung. Not only were their demands outrageous (as Motorola was recently found to be), but they never even made an offer in the first place.

    Where are all the people who posted that Apple was an "unwilling licensee"? How can you be unwilling without there even being an offer in the first place? Samsung's true colors are being revealed more and more as these cases progress. A truly corrupt company.

    Imagine they'll all avoid this discussion just like they're avoiding the Google 3D Maps discussion.
  • Reply 4 of 59
    sflocalsflocal Posts: 4,537member

    Quote:

    Originally Posted by nagromme View Post



    Remember, though: Apple ALWAYS sues everyone. Nobody ever sues Apple.



    Apple is always wrong--work backwards from there to justify anything image




    Ah yes... Fantards will always find ways to spin it to suit their agendas.

  • Reply 5 of 59
    hmmhmm Posts: 3,405member

    Quote:

    Originally Posted by sflocal View Post



    Samsung is in violation of so many things, filing a suit before it was necessary was probably a knee-jerk reaction from being in court so much.



    Bunch of thieves. I hope Samsung gets nailed to the wall. Shame that our court system is so incredibly slow and ineffective in dealing with such violations in a timely manner.



    So when will they schedule a hearing? September of 2016?


    What do you think ties the court systems up? I don't think it's an issue of multitudes of empty courtrooms and judges with downtime.


    Quote:

    Originally Posted by EricTheHalfBee View Post



    Things just keep getting worse for Samsung. Not only were their demands outrageous (as Motorola was recently found to be), but they never even made an offer in the first place.



    Where are all the people who posted that Apple was an "unwilling licensee"? How can you be unwilling without there even being an offer in the first place? Samsung's true colors are being revealed more and more as these cases progress. A truly corrupt company.



    Imagine they'll all avoid this discussion just like they're avoiding the Google 3D Maps discussion.


    That surprises me. I would have at least expected their lawyers to catch it prior to filing.

  • Reply 6 of 59
    applewinsapplewins Posts: 10member


    Longtime Apple fan here.


    Nevertheless, Apple's recent strategy of "competing by lawsuits" leaves an increasingly sour taste in my mouth.


    Especially, when viewed in light of their unwillingness to pay their fair share on taxes.


    I sure wish the Apple of old back.

  • Reply 7 of 59
    sflocalsflocal Posts: 4,537member

    Quote:

    Originally Posted by EricTheHalfBee View Post



    Things just keep getting worse for Samsung. Not only were their demands outrageous (as Motorola was recently found to be), but they never even made an offer in the first place.



    Where are all the people who posted that Apple was an "unwilling licensee"? How can you be unwilling without there even being an offer in the first place? Samsung's true colors are being revealed more and more as these cases progress. A truly corrupt company.



    Imagine they'll all avoid this discussion just like they're avoiding the Google 3D Maps discussion.




    Samsung's true colors were always out there for the world to see since the moment they came out with their iClone.  Fantards, iHaters, and spinmeisters were the ones that kept trying to deflect attention to what was important to them - just hating Apple for the sake of it.

  • Reply 8 of 59
    cpsrocpsro Posts: 2,452member


    Samsung innovation! They just move too fast for the rest of the world, ya know?

  • Reply 9 of 59
    mac95mac95 Posts: 26member
    applewins wrote: »
    Longtime Apple fan here.
    Nevertheless, Apple's recent strategy of "competing by lawsuits" leaves an increasingly sour taste in my mouth.
    Especially, when viewed in light of their unwillingness to pay their fair share on taxes.
    I sure wish the Apple of old back.

    What a twisted view of things.
    I wish the actual Apple good luck and all the best.
  • Reply 10 of 59

    Quote:

    Originally Posted by AppleWins View Post


    Longtime Apple fan here.


    Nevertheless, Apple's recent strategy of "competing by lawsuits" leaves an increasingly sour taste in my mouth.


    Especially, when viewed in light of their unwillingness to pay their fair share on taxes.


    I sure wish the Apple of old back.



    It's not 8:20 yet, you are early and will NOT get a check in the mail.

  • Reply 11 of 59
    gtrgtr Posts: 3,231member
    applewins wrote: »
    Longtime Apple fan here.
    Nevertheless, Apple's recent strategy of "defending their property by lawsuits" leaves an increasingly sour taste in my mouth.
    Especially, when viewed in light of them legally paying their fair share of taxes.
    I sure wish the Apple of old back.

    Fixed that for you.

    No fee required.
  • Reply 12 of 59
    jungmarkjungmark Posts: 6,679member
    applewins wrote: »
    Longtime Apple fan here.
    Nevertheless, Apple's recent strategy of "competing by lawsuits" leaves an increasingly sour taste in my mouth.
    Especially, when viewed in light of their unwillingness to pay their fair share on taxes.
    I sure wish the Apple of old back.

    First troll post at #7. Who wins the pool?
  • Reply 13 of 59
    hill60hill60 Posts: 6,989member

    Quote:

    Originally Posted by AppleWins View Post


    W


    T


    F



     


    Mate, you actually believe this crap you posted?


     


    So how much tax does Samsung pay in the US?


     


    They make a lot on the back of American innovation, which they don't want to pay for.

  • Reply 14 of 59
    muppetrymuppetry Posts: 3,328member

    Quote:

    Originally Posted by jungmark View Post




    Quote:

    Originally Posted by AppleWins View Post



    Longtime Apple fan here.

    Nevertheless, Apple's recent strategy of "competing by lawsuits" leaves an increasingly sour taste in my mouth.

    Especially, when viewed in light of their unwillingness to pay their fair share on taxes.

    I sure wish the Apple of old back.




    First troll post at #7. Who wins the pool?


     


    But wait - he can't be a troll - he says that he's an Apple fan.

  • Reply 15 of 59
    maestro64maestro64 Posts: 4,520member

    Quote:

    Originally Posted by hill60 View Post


     


    Mate, you actually believe this crap you posted?


     


    So how much tax does Samsung pay in the US?


     


    They make a lot on the back of American innovation, which they don't want to pay for.



    Well as it was shown in the hearing the other day on capital hill, Samsung as whole makes more revenue than Apple paid less total taxes worldwide than Apple did and Apple can not being the money home for the simple reason they would pay far more taxes than all their competitors.

  • Reply 16 of 59
    maestro64maestro64 Posts: 4,520member


    If anyone is curious, What happening in the Tech industry with everyone suing everyone over IP is not a new business strategy. If you go research the automotive industry at the turn of the 20th century, Ford was suing everyone and everyone was suing Ford over patents. Ford was using this tactic to eliminate competition. At that time there were no standards and companies were not required to license their IP under FRAND. 


     


    People act like this is something new going on with companies fighting over Patents and their rights, This strategy has been used over and over in many industries. Apple is just showing companies they will not be messed with.

  • Reply 17 of 59
    applewinsapplewins Posts: 10member

    Quote:

    Originally Posted by Mac95 View Post





    What a twisted view of things.

    I wish the actual Apple good luck and all the best.


    Me too wish Apple good luck and all the best, this is why I think their current focus on aggressive (and oftentimes unfair) litigation is a mistake which will not benefit them in the long run.

  • Reply 18 of 59
    anantksundaramanantksundaram Posts: 19,102member

    Quote:

    Originally Posted by AppleWins View Post


    Me too wish Apple good luck and all the best, this is why I think their current focus on aggressive (and oftentimes unfair) litigation is a mistake which will not benefit them in the long run.



    Go away.


     


    Thanks.

  • Reply 19 of 59
    applewinsapplewins Posts: 10member


    "So how much tax does Samsung pay in the US?" What an immature thing to write. Other companies not paying their fair share does not make it better for Apple to do so too. Are we still in Kindergarten?


     


    In any case, Samsung is a Korean company, they have no moral obligation to pay US taxes.


     


    How much taxes does Apple pay in Korea?

  • Reply 20 of 59
    muppetrymuppetry Posts: 3,328member

    Quote:

    Originally Posted by AppleWins View Post




    Quote:

    Originally Posted by Mac95 View Post





    What a twisted view of things.

    I wish the actual Apple good luck and all the best.


    Me too wish Apple good luck and all the best, this is why I think their current focus on aggressive (and oftentimes unfair) litigation is a mistake which will not benefit them in the long run.



     


    Presumably you do realize that this article is about Samsung aggressively pursuing Apple, not the other way around. 

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