We have all been following the patent battle between Apple and Samsung. It has taken place in a number of countries. Samsung’s case was build around the patent that it owns that is centered on 3G related operations, however Apple has argued that these patents are on basic device operation and therefore should have been licensed under FRAND (fair, reasonable and non-discriminatory) terms. Which Samsung have not been able to obtain as yet.
The FOSS Patents have reported that a new filing has been made by Apple in a case in the United States that has consequently reveled that the European Commission is carrying careful investigations into Samsung’s potential abuse of FRAND-related patents. From the filing:
Samsung has launched an aggressive, worldwide campaign to enjoin Apple from allegedly practicing Samsung’s patents. Samsung has sued Apple for infringement and injunctions in no fewer than eight countries outside the United States. Indeed, Samsung’s litigation campaign and other conduct related to its Declared-Essential Patents is so egregious that the European Commission recently has opened an investigation to determine whether Samsung’s behavior violates EU competition laws.
Retuers have also reported that the European Commission has stated that they are acknowledging the investigation and that it has and will be requesting further information from both parties, Apple and Samsung, as it is still at the early stages of its inquiry.
“The Commission has indeed sent requests for information to Apple and Samsung concerning the enforcement of standards-essential patents in the mobile telephony sector. Such requests for information are standard procedure in antitrust investigations to allow the Commission to establish the relevant facts in a case. We have no other comments at this stage,” the EU executive said in a statement.
We have posted earlier that Apple has won a number of injunctions against Samsung over Android-based tablets and smartphones infringe upon Apple’s design patents. Samsung at first had a defensive stance against Apple, but then decided to start the offensive side too. However it does seem to us observers from the outside that Samsung’s efforts may have just backfired on the company.