Within the struggle between Apple and Samsung, Apple appeared to be profitable.&#one hundred sixty;However the subject can abruptly trade now Samsung has new plans for Apple to handle.&#one hundred sixty;Samsung has launched 4 court cases in opposition to Apple within the Netherlands.&#a hundred and sixty;These period in-between concerns, through which the primary assembly will happen on Monday.&#one hundred sixty;Deployment of the felony fight on its 3G patents that Samsung owns and which Apple does now not pay licensing charges.&#a hundred and sixty;
Samsung therefore demands an import, trading and to ban sales of iPhones and iPads using 3G technology. Also, iPhones and iPads already in the shops have what Samsung respect of the stores will be met.
Samsung claims that the ban not only applies to Apple Inc.. themselves, but for five Apple parts distribution and marketing of IOS devices provide. One such item is available at Media Markt, where Apple's own stores operating. The infringement is in accordance with the summons for the iPhone 3G, iPhone 4, iPad 1 and iPad 2. For each violation that Samsung wants 1 million euro fine is charged.
Samsung seems a strong position in the matter: they are the owners of four patents around 3G technology. When Apple in 2007 got the phone market, the company was specializing in computers and music players. Patents in the field of telephony, Apple had barely owned and according to Samsung's lawyer, Bas Berghuis there is the weakness of Apple:
They have done very well, but they have no one asked for licensing the patents, which form the basis of 3G and UMTS standard. Samsung has more than one hundred such patents, and a fee for this is reasonable. Which will be paid by everyone except Apple.
The patents that Apple brought in during previous lawsuits, related to the design and appearance of products. Samsung would have blindly copied that, as with the Samsung Ace Galaxy (see photo). Samsung's lawyer believes the patents from Samsung lot more touching the essence of a smartphone.
In the interim four cases, the four patents in question are discussed. It concerns the following European patents (EPs):
- EP 1114528: "the device for controlling a demultiplexer and a multiplexer for the matching of data rates (rate matching) in a mobile communication system, so the data according to the 3G standard wireless can be established between a mobile station, such as a mobile or tablet, and a base station. "
- EP 1478136: a method for controlling the speed of the uplink from mobile to a base station, through which great strides to increase or decrease, which improves throughput.
- EP 1097516: turbocodeerorgaan 'for the data signal from a 3G device.
- EP 1188269: TFCI (Transport Format Combination Indicator), a field that informs the recipient about the data rate of the data that is transmitted by a mobile or tablet.
Samsung's patents which it swings are fundamental patents, which form the basis of 3G and UMTS standards as established by the late 90 standardization organizations such as ETSI. But precisely because the fundamental patents, Samsung may not refuse to give Apple a license. In that case, Apple would also have to pay. The price and conditions must be acting reasonably, so there is no monopoly in the hand in progress. This is regulated by the so-called FRAND conditions . Apple's lawyers have requested an additional session to the reasonableness of the conditions discussed. This occurs before the possible infringement of patents on technical and legal matters are discussed.
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