Following Samsung’s earlier promises to respond to Apple more aggressively concerning intellectual property violations, Samsung has filed a claim against Apple to prevent them from selling iPhones and 3G iPads in the Netherlands.
The counterclaims are largely in response to a similar complaint filed by Apple in the Netherlands which resulted in a judge issuing an EU-wide ban of Samsung’s Galaxy series of smartphones.
Samsung’s counterclaims are mild at best, as the patents involved are considered essential for the use of almost any wireless technology, leaving Samsung with the obligation to grant Apple a license unter the terms of FRAND (fair, reasonable, and non-discriminatory). A hearing on Monday in The Hague is expected determine whether the patents qualify under FRAND.
If Samsung’s patents are found to qualify under FRAND, Samsung’s counterclaim will almost certainly be denied.
