Feeds

Samsung takes another hit in patent punch-up

Korean firm loses bid to ban Apple products in the Netherlands

Beginner's guide to SSL certificates

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. ®

Intelligent flash storage arrays

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
Yes, yes, Steve Jobs. Look what I'VE done for you lately – Tim Cook
New iPhone biz baron points to Apple's (his) greatest successes
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Ex-US Navy fighter pilot MIT prof: Drones beat humans - I should know
'Missy' Cummings on UAVs, smartcars and dying from boredom
Sysadmin with EBOLA? Gartner's issued advice to debug your biz
Start hoarding cleaning supplies, analyst firm says, and assume your team will scatter
Edward who? GCHQ boss dodges Snowden topic during last speech
UK spies would rather 'walk' than do 'mass surveillance'
prev story

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
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.
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?
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.