Samsung raises white flag in standard-essential patent clash in Europe
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.
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.
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.
Comments
Hey that could work as a tagline.
[SIZE=5]Samsung.[/SIZE]
[SIZE=0]Oh, what's the use[/SIZE]
I really hope that the EU sees through this tactic.
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 ....
[B][SIZE=5][CENTER]BAN SamDung![/CENTER][/SIZE][/B]
Case closed.
Welcome to reality Samsung. Here's hoping to get your a$$ handed to you on a platter.
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.
They certainly kept their word about not sharing confidential information from the Apple court case in California. *rolleyes*
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...
But from dark corners, time he does bide, stealthily skulking its prey.
Samsung.
Oh, what's the use
Marvin’s an android, too, so it works out.
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
Wonder what Kohl will do .....
Hopefully like dominoes, SanDung will fall fast and hard .... Been a long time coming!
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
Thanks for link. That is great news. Wish SJ was here to see his patents upheld.
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.
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.
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?