Feeds

Samsung takes another hit in patent punch-up

Korean firm loses bid to ban Apple products in the Netherlands

The essential guide to IT transformation

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. ®

The essential guide to IT transformation

More from The Register

next story
Super Cali signs a kill-switch, campaigners say it's atrocious
Remote-death button bad news for crooks, protesters – and great news for hackers?
UK government accused of hiding TRUTH about Universal Credit fiasco
'Reset rating keeps secrets on one-dole-to-rule-them-all plan', say MPs
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
Felony charges? Harsh! Alleged Anon hackers plead guilty to misdemeanours
US judge questions harsh sentence sought by prosecutors
prev story

Whitepapers

A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.