Apple says Samsung being investigated by DoJ over FRAND patent misuse
In a filing with the U.S. International Trade Commission on Monday, Apple said that the Department of Justice has opened an investigation into whether Samsung misused standards-essential patents as weapons against rival handset makers.
First discovered by FOSS Patents' Florian Mueller, Apple's filing regarding a "statement on public interest considerations" was part of a separate ITC complaint made public on Tuesday.
From Apple's ITC filing:
Apple mentioned the DoJ investigation in its ITC filing in defense of Samsung's request for an import ban against a number of products, specifically the iPhone, iPad and iPod.
Alongside Apple's filing, Samsung also entered a public interest statement arguing that because Apple refused the a FRAND licensing offer of 2.4 percent, the company's products should be banned. According to Mueller, 2.4 percent is not an inconsequential number as Samsung owns a huge share of UMTS-essential patents.
"At first sight, 2.4% may look like a small amount, but if one extrapolates the figure based on Samsung's share of UMTS-essential patents, it becomes clear that no one could make any money selling wireless devices if every SEP holder made similar demands," Mueller said.
It was reported on Wednesday that an initial determination by ITC Judge Thomas Pender found Samsung in violation of three Apple utility patents and one design patent. The decision, which stems from Apple complaint dating back to July 2011, may result in an import ban of infringing Samsung products if the six-member Commission concurs with the Judge Pender's assessment.
First discovered by FOSS Patents' Florian Mueller, Apple's filing regarding a "statement on public interest considerations" was part of a separate ITC complaint made public on Tuesday.
From Apple's ITC filing:
As noted by Apple, the European Commission is looking into Samsung's alleged abuse of so-called FRAND patents, with the antitrust regulation body's investigation having started in January. In addition, South Korea's Fair Trade Commission is also probing the company's use of declared-essential patents, a move seen as "courageous" as Samsung has substantial clout in its home country.Regulators likewise have continued to scrutinize these problems, including in the specific context of Samsung?s conduct: the Department of Justice has opened an investigation into the manner in which Samsung has used?or misused?its declared-essential patents, as has the European Commission.
Apple mentioned the DoJ investigation in its ITC filing in defense of Samsung's request for an import ban against a number of products, specifically the iPhone, iPad and iPod.
Alongside Apple's filing, Samsung also entered a public interest statement arguing that because Apple refused the a FRAND licensing offer of 2.4 percent, the company's products should be banned. According to Mueller, 2.4 percent is not an inconsequential number as Samsung owns a huge share of UMTS-essential patents.
"At first sight, 2.4% may look like a small amount, but if one extrapolates the figure based on Samsung's share of UMTS-essential patents, it becomes clear that no one could make any money selling wireless devices if every SEP holder made similar demands," Mueller said.
It was reported on Wednesday that an initial determination by ITC Judge Thomas Pender found Samsung in violation of three Apple utility patents and one design patent. The decision, which stems from Apple complaint dating back to July 2011, may result in an import ban of infringing Samsung products if the six-member Commission concurs with the Judge Pender's assessment.
Comments
"You can't trust the Department of Justice! They're based in the US, just like Apple!"
"And they've been paid off by...dare I say it: AMERICANS!"
but you can trust samsung who just ripped everyone off ..
Yeah, the whole electronic books price fixing thing is just a deceptive ploy to hide the fact they are in Apple's pocket.:p
Quote:
Originally Posted by whoda
I've had about enough of this anti-american sentiment. Its not one dude, on Apples payroll, that just rubber stamps whatever Apple wants. These things go through groups of people, and if there is a violation, than it goes to a jury of peers. Calling the american company unjust when the other party is Korean, is a joke. How many times has Samsung gotten in trouble for bribing someone? How many knock off items are Korean? Give me a break.
I think the OP forgot to add /s.
His post was in quotes... perhaps a line from a foreign friend?
Quote:
Originally Posted by whoda
I've had about enough of this anti-american sentiment. Its not one dude, on Apples payroll, that just rubber stamps whatever Apple wants. These things go through groups of people, and if there is a violation, than it goes to a jury of peers. Calling the american company unjust when the other party is Korean, is a joke. How many times has Samsung gotten in trouble for bribing someone? How many knock off items are Korean? Give me a break.
what anti-American sentiment? (can you spell "projection"?)
I don't know.. How many times has Samsung gotten in trouble for bribing US officials? Let me also ask, while at it, do you know how many former VP's or other politically influential figures / officers serve on board of directors of Samsung?
If Samsung wants the DOJ to drop the case, all Samsung has to do is dress up like a couple of Black Panthers, then voila, case dismissed.
As for the DOJ, I am still waiting on my poker money, and I expect to see it before 2013, so get to work and do your jobs.
Quote:
Originally Posted by Tallest Skil
"You can't trust the Department of Justice! They're based in the US, just like Apple!"
I'm not sure that is really true.
It's just a defensive move by Apple. Will it pay off? Who knows.
It's just strange how some patents fall into FRAND but not rounded angles or bounce back for that matter.
BTW. Who the f...rack needs bounce back?
Quote:
Originally Posted by AppleBuff
I'm not sure that is really true.
Of course it's not true.
He was imitating a moronic Fandroid, because that's exactly the type of comments that they make, hence the quotes.
Quote:
Originally Posted by Nathillien
BTW. Who the f...rack needs bounce back?
I do.
It's all of the small touches and attention to detail that separates a superior product (Apple) from a mediocre product (Everybody else).
I keep getting misinterpreted like that. Maybe I should stop using quotes.
Quote:
Originally Posted by tooltalk
what anti-American sentiment? (can you spell "projection"?)
I don't know.. How many times has Samsung gotten in trouble for bribing US officials? Let me also ask, while at it, do you know how many former VP's or other politically influential figures / officers serve on board of directors of Samsung?
Al Gore? 'Politically influential'? On what planet? And, who else on the Board did you have in mind?
Groan.......
Quote:
Originally Posted by Apple ][
If Samsung wants the DOJ to drop the case, all Samsung has to do is dress up like a couple of Black Panthers, then voila, case dismissed.
I don't follow -- care to elaborate?
Quote:
Originally Posted by Apple ][
Of course it's not true.
He was imitating a moronic Fandroid, because that's exactly the type of comments that they make, hence the quotes.
I don't get it. Was he trying to be funny?
Quote:
Originally Posted by AppleBuff
I'm not sure that is really true.
You should perhaps read a bit more.....
Quote:
Originally Posted by Nathillien
Who the f...rack needs bounce back?
Samsung, apparently?
Originally Posted by anantksundaram
Al Gore? 'Politically influential'? On what planet? And, who else on the Board did you have in mind?
Groan.......
I dunno, I thought it was funny that he believed he had a point.