Feeds

Samsung takes another hit in patent punch-up

Korean firm loses bid to ban Apple products in the Netherlands

Providing a secure and efficient Helpdesk

In the third blow against Samsung this week, a Dutch court has turned down its application for an injunction against Apple's products on the basis of 3G patents.

The case, one of the many in the Apple v Samsung patent debacle, was potentially shaky, given that 3G is a standard and therefore the patents involved in it are available under licence on fair, reasonable and non-discriminatory (FRAND) terms.

And the court in the Hague backed up the general view on FRAND issues, that if a company wants to use a patent from an essential standard, it's open to being licensed. The ruling therefore ordered the two companies to negotiate such an agreement.

The decision will make it very difficult for any of the rest of preliminary injunctions Samsung has sought against Apple mobile devices, such as its attempts to hobble the Jesus-mobe 4S in France and Italy. Although neither of those courts have to obey a Dutch ruling, fellow European courts are likely to give it a lot of weight in their decisions, according to independent patent blogger Florian Mueller.

It is also just more bad news for Samsung after American and Australian cases went against it earlier this week.

A US court judge said that Samsung does infringe on design patents of Cupertino, though the fruity firm will still have to prove the validity of those patents before getting a country-wide ban on Samsung stuff.

Meanwhile, a court in Sydney has granted Apple's request for an injunction against the Galaxy 10.1 tablet.

Preliminary injunctions are, obviously, not forever, but they will last until a case is sorted out, which could take years. Often, succeeding in getting a PI is enough to "win" the case, because the company whose products aren't on the shelf is losing too much money to continue the fight.

It's still unclear how far Apple will force Samsung to go if they continue to maintain the upper hand in the patent wars.

The Jobsian cult may just want a cut of the revenues from Samsung's Galaxy line-up in the form of royalty payments to license its patents, or it could force the Korean company to redesign the whole lot by refusing to license any of the patents it is basing its cases on. ®

Choosing a cloud hosting partner with confidence

More from The Register

next story
WHY did Sunday Mirror stoop to slurping selfies for smut sting?
Tabloid splashes, MP resigns - but there's a BIG copyright issue here
Spies, avert eyes! Tim Berners-Lee demands a UK digital bill of rights
Lobbies tetchy MPs 'to end indiscriminate online surveillance'
How the FLAC do I tell MP3s from lossless audio?
Can you hear the difference? Can anyone?
Inequality increasing? BOLLOCKS! You heard me: 'Screw the 1%'
There's morality and then there's economics ...
Google hits back at 'Dear Rupert' over search dominance claims
Choc Factory sniffs: 'We're not pirate-lovers - also, you publish The Sun'
EU to accuse Ireland of giving Apple an overly peachy tax deal – report
Probe expected to say single-digit rate was unlawful
While you queued for an iPhone 6, Apple's Cook sold shares worth $35m
Right before the stock took a 3.8% dive amid bent and broken mobe drama
prev story

Whitepapers

A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.