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Apple must pay Samsung patent damages, Dutch court rules

Apple will have to pay damages to Samsung for infringing on its patents in the iPad and iPhone, after a Dutch court found in Samsung's favour.Samsung is the leading Android phone manufacturer, which makes it Apple's biggest rival in the mobile market.
Written by David Meyer, Contributor on

Apple will have to pay damages to Samsung for infringing on its patents in the iPad and iPhone, after a Dutch court found in Samsung's favour.

Samsung is the leading Android phone manufacturer, which makes it Apple's biggest rival in the mobile market. The two companies have been fighting a bitter patent war around the world, with Samsung generally being on the losing side. However, on Wednesday Samsung won a round in The Hague.

"Samsung welcomes the court's ruling, which reaffirmed Apple's free-riding of our technological innovation," the Korean firm said in a statement. "In accordance with the ruling, we will seek adequate compensation for the damages Apple and its products have caused."

According to the BBC, the Dutch court has said the damages will be calculated from sales of iPhones and iPads in that country.

The patent at the centre of the ruling, numbered EP1188269, related to UMTS technology, used for connecting to the internet. As this patent is standards-essential, Samsung is supposed to abide by 'fair, reasonable and non-discriminatory terms' on the way it licenses it out.

The standards-essential nature of the patent is also why the Dutch court did not ban Apple's infringing products, giving Samsung damages only.

Like Motorola, Samsung is currently under investigation by European antitrust chiefs over its use of FRAND-protected patents as legal weapons.

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