Court In Netherlands Favors Apple In FRAND Patent Case

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Samsung has suffered a setback in the Netherlands recently. A court supports Apple’s stand on a Fair, Reasonable And Non-Discriminatory (FRAND) terms related patent dispute that was characterized as both “important” and “highly meaningful.”

Florian Mueller of FOSS Patents said that Samsung could not pursue injunctive relief as long as Apple was willing to negotiate a license agreement under FRAND terms for wireless patents due to the decisions from the District Court of The Hague.

Samsung is now obligated to license certain essential patents under FRAND terms. In addition, the court also ruled that Samsung could not assert its 3G/UMTS wireless patents against Apple’s iPhone 4S because of “patent exhaustion” according to Mueller.

Mueller wrote:

Apple is licensed by extension since it purchases baseband chips from Qualcomm, and Samsung’s attempt to terminate its license agreement with Qualcomm as far as third-party beneficiary Apple is concerned failed because Samsung had made a commitment to ETSI, the standards body in charge of 3G, that it would grant irrevocable licenses to its 3G/UMTS essential patents.

The court verdict was declared to be a “meaningful victory” for Apple in part because the court’s position on FRAND patents means that Samsung may not be able to score that much money out of the current litigation. “So far, Samsung has not been able to prevail with any of its offensive claims against Apple anywhere on this planet. Today’s ruling is only the latest in a series of losses.”

Both Apple and Samsung currently have more than 30 lawsuits between them in what is a growing legal battle. In its most recent filing, Samsung sued Apple earlier this month in South Korea. In South Korea, Samsung sought to block sales of the iPhone 4S and iPad 2 for alleged violation of three patents. Despite the ongoing legal battles between both companies, Samsung still remains a vital partner for Apple in supplying the Cupertino-based company with key components for their iOS devices. Rumors say that Samsung is currently the lead manufacturer of Retina displays for Apple’s new iPad.

What impact do you think will this verdict bring to Apple-Samsung saga in Netherlands? Post your comments.

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Source: Modmyi

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