AfterDawn: News

Samsung denied iPhone 4S ban in Netherlands

A Dutch court has rejected Samsung's request for an injunction barring sales of the iPhone 4S for patent violations.

Samsung filed for the injunction in reaction to Apple's barrage of patent lawsuits over various Galaxy smartphones and tablets around the world. Unlike Apple's lawsuits, Samsung's claims revolve around technology essential to mobile phone communications.



Ultimately, that was the reason for the judge's decision. Owners of patents for technology essential to mobile standards are required to offer FRAND (Fair, Reasonable, And Non-Discriminatory) licensing terms to any and all manufacturers.

According to AFP, a panel of judges found that Samsung is "obliged to grant a licence to Apple according to the terms of FRAND for the patents."

Ultimately, this is the same decision expected in other jurisdictions where Samsung has filed similar lawsuits. In fact, lawsuits of this type are exactly the reason FRAND licensing exists.

Without such terms it would be impossible to develop industry standards for fear patent holders would hold gain unreasonable control over entire industries.

Written by: Rich Fiscus @ 14 Oct 2011 12:47

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• 8 comments

• buxtahuda

  Lol, the one thing they thought they could fight back with.
  

  ~*Livin' Electronicallly*~

  14.10.2011 16:16 #1

• Tristan_2

  Originally posted by buxtahuda: Lol, the one thing they thought they could fight back with. As silly this whole thing is,I can see why Samsung tried to fight back the same way.I kind of find it hard to believe Samsung can't ban a product in another country by Apple can...Companies being children never a good sign either way.
  

  14.10.2011 21:41 #2

• Notcow

  This is awful...Apple granted an injunction while Samsung is denied one...
  
  Hate Apple.
  

  15.10.2011 01:31 #3

• KillerBug

  Quote:In fact, lawsuits of this type are exactly the reason FRAND licensing exists. FRAND also exists to prevent all of Apple's lawsuits, where their lawyers openly admit that their only goal is to prevent competition.
  

  
  

  15.10.2011 02:05 #4

• bh (unverified)

  Its not a total loss for Samsung. All the courts have said is they are not going to ban apples products. They in turn have said that they will have to come to an agreeable and fair licensing agreement. Although Samsung won't get the amount they originally asked for apple will have to pay some type of fee to license the technology for the 3g telecommunications tech that they are infringing on. It may be a nominal fee but for every device. Samsung will take what they can get. I'm more curious to see if there is any merit behind the non-frand antenna patents that have recently come up regarding the 4s antenna fix. Is apple infringing or did they already have permission or licensing. That one could be alot tougher to get around as its non-frand from my understanding. Anybody have any insight into those patents? Either way. Hoping the ridiculous lawsuits end soon. I do think apple could fair well with a little of their own medicine though.

  15.10.2011 12:47 #5

• ALAND

  Not true, they are all over Eupore now.

  15.10.2011 14:37 #6

• xtago

  I believe Samsung asked apple for a lic and Apple wouldn't respond in this case.
  
  In the Australian case Samsung have offered another lic for Apple to use it's IP products apple didn't want to pay for the lic in that case.
  
  So far I haven't heard anything like that in the France and Italy cases.
  
  I'm not sure what will happen in the Australian case as Samsung's 10.1 tab is banned but apple wanted any product launched in Australia 10 days before launch to which the judge said why do you want that? and Apple couldn't answer with a good enough reason and it was rejected.
  
  I know the Netherlands judge prefers apple products and has said that in the court case, so handed it over to apple.

  16.10.2011 04:08 #7

• ALAND

  I was just in the Netherlands and Iceland, the new Apple 4GS is selling like hotcakes, the new Seri voice activation is like having the world at your fingertips, all you have to do is ask a question and Siri answers it, its unbeliveable, it even answered, " What is a quadratic equation".

  16.10.2011 08:58 #8