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Apple: Samsung shirked FRAND obligations, filed suit before making a licensing offerGet the lowest prices anywhere on Macs and iPads with exclusive coupons: Apple Price Guide updated May 25th. (Get the lowest prices anywhere)

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Thursday, May 23, 2013, 05:54 pm

Apple: Samsung shirked FRAND obligations, filed suit before making a licensing offerBy Kevin Bostic

Samsung abused its rights as a standard-essential patent holder, Apple said Wednesday, by filing a complaint with the International Trade Commission before even trying to come to an agreement with the Cupertino company over licensing terms.

ITC Logo

Apple noted the abuse in an ITC statement on Wednesday, which was subsequently discovered by FOSS Patents on Thursday. In it, Apple summarizes why a recent FRAND decision ? from the case RealTek v. LSI/Agere ? runs parallel to the complaint Samsung lodged with the ITC.

"The Realtek case is strikingly similar to the instant case. Samsung brought an ITC complaint before making any offer specific to its declared-essential patents, let alone a FRAND-compliant offer. Just as in Realtek, when Apple responded to the ITC complaint by requesting that Samsung provide FRAND terms for the specific asserted patents, Samsung responded by making a non-FRAND demand based on the total price of the accused Apple products--rather than the cost of the relevant accused components. Indeed, Samsung's conduct here is even more egregious--[redacted] In short, just as in Realtek, Samsung's pursuit of an ITC exclusion order directly conflicts with its FRAND commitments."

The RealTek case involved a dispute over the IEEE 802.11 WLAN standard, with Agere, the patent holder, suing RealTek for alleged infringement. The court issued a summary judgment finding in RealTek's favor, ruling that Agere had breached its obligation to license essential technologies in a fair, reasonable, and non-discriminatory (FRAND) manner. The court found further breach in that Agere had sought an injunction before even offering licensing terms.

Apple, in pointing to the RealTek case, is hoping for the same sort of decision to be handed down in its own proceedings. In the RealTek case, the court barred the patent holder from asserting its patent in court without first extending a FRAND offer.

The ITC is scheduled to render a final decision on the FRAND patent case brought by Samsung against Apple in the coming weeks.

Apple ITC Statement on Samsung Licensing by Mikey Campbell

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On Topic: GeneralFoxconn may sell own branded accessories after Apple profits dipReview: Scosche enters car radio fray with iOS connected controlFREQWorking Apple I fetches $671,400 in German auctionGoogle's Motorola issues second appeal of dismissed ITC case against AppleSouth Australia's first Apple Store draws line hours ahead of opening [update: photos and video]Today's' HeadlinesFoxconn may sell own branded accessories after Apple profits dipApple's iPhone sales tactics in Europe under antitrust investigationRelated ArticlesApple says Samsung being investigated by DoJ over FRAND patent misuseApple files 4G LTE countersuit in ITC case against HTCApple to appeal dismissal of federal FRAND suit against MotorolaApple lodged FRAND abuse complaint against Motorola with European CommissionApple says Samsung should halt US litigation after withdrawing EU complaintsPrevious Comments View Allsflocal2013/05/23 06:07pm

Samsung is in violation of so many things, filing a suit before it was necessary was probably a knee-jerk reaction from being in court so much.

Bunch of thieves. I hope Samsung gets nailed to the wall. Shame that our court system is so incredibly slow and ineffective in dealing with such violations in a timely manner.

So when will they schedule a hearing? September of 2016?

nagromme2013/05/23 06:13pm

Remember, though: Apple ALWAYS sues everyone. Nobody ever sues Apple.

Apple is always wrong--work backwards from there to justify anything

ericthehalfbee2013/05/23 06:14pm

Things just keep getting worse for Samsung. Not only were their demands outrageous (as Motorola was recently found to be), but they never even made an offer in the first place.

Where are all the people who posted that Apple was an "unwilling licensee"? How can you be unwilling without there even being an offer in the first place? Samsung's true colors are being revealed more and more as these cases progress. A truly corrupt company.

Imagine they'll all avoid this discussion just like they're avoiding the Google 3D Maps discussion.

hmm2013/05/23 06:49pm

Quote:Originally Posted by sflocal? View Post

Samsung is in violation of so many things, filing a suit before it was necessary was probably a knee-jerk reaction from being in court so much.

Bunch of thieves. I hope Samsung gets nailed to the wall. Shame that our court system is so incredibly slow and ineffective in dealing with such violations in a timely manner.

So when will they schedule a hearing? September of 2016?

What do you think ties the court systems up? I don't think it's an issue of multitudes of empty courtrooms and judges with downtime.

Quote:Originally Posted by EricTheHalfBee? View Post

That surprises me. I would have at least expected their lawyers to catch it prior to filing.

sflocal2013/05/23 06:51pm

Quote:Originally Posted by EricTheHalfBee? View Post

Things just keep getting worse for Samsung. Not only were their demands outrageous (as Motorola was recently found to be), but they never even made an offer in the first place.

Where are all the people who posted that Apple was an "unwilling licensee"? How can you be unwilling without there even being an offer in the first place? Samsung's true colors are being revealed more and more as these cases progress. A truly corrupt company.

Imagine they'll all avoid this discussion just like they're avoiding the Google 3D Maps discussion.

Samsung's true colors were always out there for the world to see since the moment they came out with their iClone. ?Fantards, iHaters, and spinmeisters were the ones that kept trying to deflect attention to what was important to them - just hating Apple for the sake of it.

cpsro2013/05/23 06:52pm

Samsung innovation! They just move too fast for the rest of the world, ya know?

mac952013/05/23 07:09pm

Quote:Originally Posted by AppleWins?

Longtime Apple fan here.
Nevertheless, Apple's recent strategy of "competing by lawsuits" leaves an increasingly sour taste in my mouth.
Especially, when viewed in light of their unwillingness to pay their fair share on taxes.
I sure wish the Apple of old back.
What a twisted view of things.
I wish the actual Apple good luck and all the best.

winstein20102013/05/23 07:16pm

Quote:Originally Posted by AppleWins? View Post

Longtime Apple fan here.

Nevertheless, Apple's recent strategy of "competing by lawsuits" leaves an increasingly sour taste in my mouth.

Especially, when viewed in light of their unwillingness to pay their fair share on taxes.

I sure wish the Apple of old back.

It's not 8:20 yet, you are early and will NOT get a check in the mail.

gtr2013/05/23 07:16pm

Quote:Originally Posted by AppleWins?

Longtime Apple fan here.
Nevertheless, Apple's recent strategy of "defending their property by lawsuits" leaves an increasingly sour taste in my mouth.
Especially, when viewed in light of them legally paying their fair share of taxes.
I sure wish the Apple of old back.
Fixed that for you.

No fee required.

hill602013/05/23 07:23pm

Quote:Originally Posted by AppleWins? View Post

Mate, you actually believe this crap you posted?

So how much tax does Samsung pay in the US?

They make a lot on the back of American innovation, which they don't want to pay for.

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