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Samsung Faces EU Antitrust Investigation for Unfair Use of Patents

Posted in Apple, News on 31/01/2012 by J. Glenn Künzler

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The European Commission has announced that they will begin investigating Samsung for possibly breaking EU antitrust rules, reports The Verge, by refusing to provide fair licensing for patents essential to implementing 3G into mobile devices.

The investigation follows numerous lawsuits filed by Samsung against Apple and others over unauthorized use of the 3G patents, and is partly centered around 1998 promise that Samsung made to license the patents under FRAND (Fair, reasonable, and non-discriminatory).

The EU has issued the following statement:

In 2011, Samsung sought injunctive relief in various Member States’ courts against competing mobile device makers based on alleged infringements of certain of its patent rights which it has declared essential to implement European mobile telephony standards. The Commission will investigate, in particular, whether in doing so Samsung has failed to honour its irrevocable commitment given in 1998 to the European Telecommunications Standards Institute (ETSI) to license any standard essential patents relating to European mobile telephony standards on fair, reasonable and non-discriminatory (FRAND) terms. The Commission will examine whether such behaviour amounts to an abuse of a dominant position prohibited by Article 102 of the Treaty on the Functioning of the EU (TFEU).”

FOSS Patents points out that the commission could be acting prior to Samsung winning and enforcing a ruling on one of the patents.

What’s the deal, Samsung? You think it’s OK to “borrow” other companies’ designs and ideas, but you refuse to license your own essential patents in a reasonable manner? Foul!



Author

J. Glenn Künzler

Glenn is Managing Editor at MacTrast, and has been using a Mac since he bought his first MacBook Pro in 2006. Now he's up to his neck in Apple, and owns an old iBook, a 2012 iMac with an extra Thunderbolt display for good measure, a 4th-generation iPad, an iPad mini, 2 iPhones, and a Mac Mini that lives at the neighbor's house. He lives in a small town in Utah, enjoys bacon more than you can possibly imagine, and is severely addicted to pie.