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Hardware 2.0

Adrian Kingsley-Hughes

Dutch court rejects Samsung's bid to get Apple products banned

By | October 14, 2011, 7:05am PDT

Summary: Both companies have been ordered to each other’s legal costs.

Samsung has failed it its Dutch court bid to get an injunction slapped onto Apple products that use 3G technology.

The injunction, if successful, would have applied to both the iPhone and iPad because of their use of 3G technology.

A court in The Hague rejected Samsung’s patent infringement allegations against Apple, while at the same time rejecting Apple’s counterclaims in the case. Both companies have been ordered to pay each other’s legal costs.

Samsung accused Apple of not paying licensing fees for a number of its patents before it began selling the iPhone in 2007. Apple argues that Samsung didn’t ask for a fee until 2010.

This follows another ruling by the Dutch court that came earlier this month which forced Samsung to upgrade three of its smartphones in order to get around a temporary ban imposed by the courts after the company was deemed to be in violation of an Apple patent.

Florian Mueller, intellectual property activist, said on Twitter that it is now unlikely that Samsung will get the iPhone 4S shut down anywhere in Europe based on the Dutch ruling.

Speaking to Reuters, Mueller said:

“Apple will be taking French and Italian translations of the Dutch ruling with it. This makes it a long shot for Samsung that it could win an injunction in the EU based on its 3G patents.”

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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The cases are different; while Apple has both letter and merit of their ...
DeRSSS Updated - 14th Oct
@toddybottom: ... lawsuits on their side (Samsung does indeed shamelessly, like a Chinese no-name, copy Apple's designs -- starting from the package box, cables and charges and ending with certain UI elements and UI behaviour), Samsung's 3G patents lawsuits are just desperate attempt to retaliate, which was obviously lame because:

1) the fees that Samsung asked in 2010 do not comply with FRAND (fair and non-discriminating) licensing terms, to which Samsung signed when their patents became the part of 3G standard;

2) Qualcomm and Broadcom, whose communication chips are used in Apple's devices, already pay to Samsung for these patents anyway.
You gotta be kinding...you didn't ask for payment...that makes stealing the tech alright!?

While you continue to sue over bogus crap!
@timspublic1@... The fee for using 3G functionality should already be licensed thru the 3G chips bought from qualcomm etc.
@teetee1970: Adrian forgot to mention it in his blog entry.
0 Votes
+ -
It is the right ruling
toddybottom 14th Oct
No court should be banning either Apple or Samsung products. Consumers should have the ability to choose. I just wish the competition wasn't at such a disadvantage considering they have absolutely no access to iTunes and they have to pay twice what Apple does for their supplies.
@toddybottom: ... lawsuits on their side (Samsung does indeed shamelessly, like a Chinese no-name, copy Apple's designs -- starting from the package box, cables and charges and ending with certain UI elements and UI behaviour), Samsung's 3G patents lawsuits are just desperate attempt to retaliate, which was obviously lame because:

1) the fees that Samsung asked in 2010 do not comply with FRAND (fair and non-discriminating) licensing terms, to which Samsung signed when their patents became the part of 3G standard;

2) Qualcomm and Broadcom, whose communication chips are used in Apple's devices, already pay to Samsung for these patents anyway.

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