Samsung claims Apple “refused to negotiate” for Samsung’s 3G patents

Wed, Jul 25, 2012

Legal, News

As Samsung and Apple begin to duke it out in an Australian Court this week, the accusations and strategic positioning from the two companies marches on.

On Monday, Samsung told an Australian Judge that Apple had “refused to negotiate” a deal with respect to Samsung’s 3G related patents, opting instead to go to court. As a quick refresher, the 3G patents at issue are standard essential patents meaning that Samsung is obligated to license them out on fair, reasonable and non discriminatory terms to any other company in the industry.

ComputerWorld reports:

Monday’s hearing focused on two of the three patents — Australian patents No. 2005202512 and No. 2006241621 — that Samsung alleges Apple has violated. The two patents deal with power control and the format of packet headers used for 3G data transmissions. The court will address patent No. 2005239657, which deals with rate matching patterns used in data transmission, in August.

Apple’s Australian suit against Samsung dates back to July 2011 when the Cupertino-based company sued alleging that Samsung’s Galaxy tablet infringed upon Apple’s IP. Samsung naturally turned right around and accused Apple of infringing upon their 3G related patents.

Apple’s original Samsung lawsuit was filed in April 2011 and the success of Apple’s worldwide efforts to stick it to Samsung and Android are slowly but starting to surface. Here in the US, Apple recently secured preliminary injunctions against both the Galaxy Tab 10.1 and the Galaxy Nexus – flagship ICS Android smartphone.

Some solid wins, but overseas Apple hasn’t necessarily fared as well. Recently, a judge in the UK ruled that Samsung’s tablets don’t infringe upon Apple’s iPad design, noting that Apple’s offering is sleeker and much more cool than Samsungs. That notwithstanding, Apple was ordered to post a message on its website alerting the masses that Samsung did not, in fact, copy Apple’s iPad design.

via IDG



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