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  1. Akshay Masand's Avatar


    According to Apple, Samsung abused its rights as a standard-essential patent holder by filing a complaint with the International Trade Commission before even trying to come to an agreement with the Cupertino California company over licensing terms. Florian Mueller of FOSS Patents discovered the ITC statement where Apple summarizes why a recent FRAND decision, from the case RealTek vs LSI/Agere, runs parallel to the complaint Samsung lodged with the ITC. The following was mentioned in the statement:

    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 case with RealTek 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 RealTekís favor, ruling that Agere had breached its obligation to license essential technologies in a fair, reasonable, and non-discriminatory (FRAND) manner. The court also found another breach in that Agere had sought an injunction before even offering licensing terms.

    Apple is hoping for a similar decision to be handed down in its own proceedings as it is points to the RealTek case. The court ended up barring the patent holder from asserting its patent in court without first extending a FRAND offer in the RealTek case. The ITC is scheduled to come to a final decision on the FRAND patent case brought by Samsung against Apple in the coming weeks.

    Source: FOSS Patents, Scribd

    Twitter: @AkshayMasand
    2013-05-24 08:04 AM
  2. b1997469's Avatar
    Grow up apple!
    2013-05-24 04:45 PM
  3. unison999's Avatar
    How long has this been going on?
    Samsung was probably sick of Apple stalling on payments thus file the complaint against Apple.
    Pay up and there would not be a problem, pay up and this complaint would no longer be a problem!!!
    2013-05-24 08:35 PM
  4. jOnGarrett's Avatar
    Grow up apple!
    +1
    2013-05-25 03:22 AM
  5. King_O_Hill's Avatar
    Troll

    Check out WW3 for iOS 9/10 - Widget-Weather 3.0
    2013-05-25 04:16 AM
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