Dutch court rejects Samsung iPhone ban bid
Apple should get fair access to 3G tech
The Dutch court has chucked out Samsung's request that various iDevices be banned from sale in the Netherlands.
The South Korean giant claimed that iPhones and iPads that incorporate 3G infringe upon patents it holds governing the implementation of that technology.
As such, its lawyers argued, that Apple kit should not be allowed to remain on sale.
However, judges in The Hague ruled that while Samsung does have ownership of the technology, it has to make its IP readily available because the patents cover essential standards.
They told Samsung and Apple to sit down and reach a licensing deal. Samsung must provide fair access, and Apple can't say the patents are invalid, as it had stated in a counterclaim brought to oppose the Samsung action.
Samsung is trying to get the iPhone banned in France and Italy, and today's judgement is thought likely to help Apple prevail there too. ®
COMMENTS
Looks like apple paid more
When apple can block samsung with a ridiculous round corners "design patent" and samsung can't block apple with some real patents, it is easy to see who made a better offer to the judges...
I thought the issue was that Apple had refused to license the patents previously. What happens if they can't agree terms now? Can Samsung just be unreasonable (one meeeelllion pounds!) ? I'm guessing not, given what the judge said, but in that case who decides what's fair?
Do Apple just get to pay the same as anyone else who's licensed it? And if so, what if they refuse?
Quid pro quo
So are other tablet makers allowed 4:3 Aspect Ratio in this Fair Access system.
My Word...
Asking two major corporations to sit down and work out a mutually beneficial deal without tying up the court system? How will the lawyers survive in this tree hugging breakout of sanity???
@rogerpjr
Sigh.
Not this old chestnut again.
Xerox invested venture capital in Apple as a start-up and sent PARC engineers to Apple to help them develop the original Mac GUI and hardware.
That was exactly what PARC was set up for and not Apple just ripping off ideas and technology.
If you don't understand, try to refrain from commenting.
Oh, any your keyboard needs replacing, the caps lock keeps coming on randomly and making you look like a completely illiterate tosser.
