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

Posted:
in General Discussion edited January 2014
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.
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Comments

  • Reply 1 of 39
    [I]5 years not seeking injunctions on SEP's?[/I] 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.

    [SIZE=5]Samsung.[/SIZE]
    [SIZE=0]Oh, what's the use[/SIZE]
  • Reply 2 of 39
    melgrossmelgross Posts: 31,789member
    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.
  • Reply 3 of 39
    BAN Samsung .... They stole from Dyson as well!
  • Reply 4 of 39
    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 ....

    [B][SIZE=5][CENTER]BAN SamDung![/CENTER][/SIZE][/B]
  • Reply 5 of 39
    sflocalsflocal Posts: 4,674member
    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.
  • Reply 6 of 39
    maestro64maestro64 Posts: 4,640member

    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.

  • Reply 7 of 39
    rob53rob53 Posts: 2,074member
    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.
  • Reply 8 of 39
    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*
  • Reply 9 of 39
    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...
  • Reply 10 of 39
    mhiklmhikl Posts: 471member
    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.
  • Reply 11 of 39

    Originally Posted by PhilBoogie View Post

    Samsung.

    Oh, what's the use



     

     

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

  • Reply 12 of 39
    jungmarkjungmark Posts: 6,709member
    Eff you, Sammy. Fine them the billions of dollars anyway.
  • Reply 13 of 39
    cpsrocpsro Posts: 2,475member

    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

  • Reply 14 of 39
    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!
  • Reply 15 of 39
    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

  • Reply 16 of 39
    $18.5 billion. That would be a fitting penalty for Samsung.
  • Reply 17 of 39
    MacProMacPro Posts: 18,352member
    cpsro wrote: »
    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.
  • Reply 18 of 39
    fracfrac Posts: 480member
    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.
  • Reply 19 of 39
    maestro64maestro64 Posts: 4,640member
    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.

  • Reply 20 of 39

    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?

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