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News: Samsung faces catastrophic charges from both EU and ITC
Member Since: 1/21/2008
Posts: 3,607
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Samsung faces catastrophic charges from both EU and ITC
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Samsung (005930) could face a $15 billion fine in Europe alone for using “standard-essential” patents in its attempts to ban devices like the iPhone in its ongoing patent battle with Apple (AAPL). The Guardian reports that the European commission could impose a massive fine of up to 10% of Samsung’s global turnover following its investigation into Samsung’s use of standard-essential patents in complaints filed against Apple in Europe. Samsung’s revenue totaled $148.9 billion in 2011, so fines in Europe alone could reach $14.8 billion.
The commission’s investigation began in January and took an interesting turn late last week. Among other issues, it is troubled by Samsung’s use of patents that had previously been deemed “standard-essential.” This means the IP owner — Samsung, in this case — has made a formal commitment to license these technologies to all parties that wish to utilize them for a ”fair, reasonable and non-discriminatory” fee. If fees cannot be agreed upon by the parties involved, The Guardian explains, a price must be set by a court.
Apple had offered to license the relevant patents in the past, the commission noted, but it was unable to strike an agreement with Samsung.
Samsung withdrew its motion asking to ban sales of the iPhone and iPad across Europe last week, just days before the European commission made its objections to Samsung’s use of standard-essential patents public.
“Samsung remains committed to licensing our technologies on fair, reasonable and non-discriminatory terms, and we strongly believe it is better when companies compete fairly in the marketplace, rather than in court,” Samsung said in a statement at the time. “In this spirit, Samsung has decided to withdraw our injunction requests against Apple on the basis of our standard essential patents pending in European courts, in the interest of protecting consumer choice.”
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Does this company have any departments that are functioning? No one on their legal team had a clue that EU ain't playing around when it comes to antitrust and standard-essential patents? 
ITC Judge recommends Samsung post 88 percent value bond, import bans in Apple patent case
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If you're keeping track of the multiple, and let's face it, tiresome Samsung / Apple patent debacle, a document that just turned up at the ITC might spell more trouble for the Korean manufacturer. It's a publicly redacted version of Judge Pender's recommendations, and pertains to the October ruling that deemed Samsung borrowed four of Cupertino's designs. The most iconic being design patent D618,678 (that which you see above). The others include multi-touch patent 7,479,949 (which was tentatively invalidated) along with two other patents (RE41,922 and 7,912,501) relating to graphic display elements and audio hardware detection. If the recommendations are adopted -- and FOSS Patents suggests this is entirely possible -- Samsung could face a US import ban after a 60 day presidential review, an order prohibiting "significant" sales of infringing products in America along with a posting a bond for 88 percent of the entered value of mobile phones (plus 32.5 percent for media players and 37.6 percent for tablets) that include the breaching design features. Pender has, however, reportedly cleared several Samsung "designarounds" which, if implemented to satisfaction, would mean the tech giant could continue trading. For now though, the recommendations are awaiting the Commission's review.
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How is Samsung going to handle both of them with their $14bn cash reserves?
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Member Since: 4/9/2012
Posts: 13,357
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Member Since: 4/22/2012
Posts: 5,740
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Pressed fools.
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Member Since: 12/7/2011
Posts: 18,969
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Keyword is "could". We'll see what happens next. 
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Member Since: 12/31/2010
Posts: 26,257
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My S3 stays unbothered. But dayum. 
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Member Since: 11/2/2009
Posts: 19,838
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These people stay owning somebody money, Jesus! 
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Member Since: 4/25/2011
Posts: 41,661
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Lmao. These two companies will be bankrupt if they don't stop suing eachother.
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Member Since: 12/7/2011
Posts: 18,969
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Quote:
Originally posted by jomarr
Lmao. These two companies will be bankrupt if they don't stop suing eachother.
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Right?
Nokia stays out of this mess.  *well they just got paid $65 for licensing by RIMM 
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Member Since: 9/3/2011
Posts: 28,911
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Member Since: 11/11/2010
Posts: 11,240
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This who feud reminds me of Tupac and Biggie
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Member Since: 8/3/2012
Posts: 8,030
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They are so bitter with one another 
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Member Since: 1/21/2008
Posts: 3,607
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Quote:
Originally posted by jomarr
Lmao. These two companies will be bankrupt if they don't stop suing eachother.
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At least people at Apple are smart enough to not get themselves into trouble of ignorance.
More importantly, Apple has enough cash reserves to play around with this scale of money. Samsung doesn't. 
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Member Since: 1/21/2008
Posts: 3,607
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ITC Judge recommends Samsung post 88 percent value bond, import bans in Apple patent case
Quote:
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If you're keeping track of the multiple, and let's face it, tiresome Samsung / Apple patent debacle, a document that just turned up at the ITC might spell more trouble for the Korean manufacturer. It's a publicly redacted version of Judge Pender's recommendations, and pertains to the October ruling that deemed Samsung borrowed four of Cupertino's designs. The most iconic being design patent D618,678 (that which you see above). The others include multi-touch patent 7,479,949 (which was tentatively invalidated) along with two other patents (RE41,922 and 7,912,501) relating to graphic display elements and audio hardware detection. If the recommendations are adopted -- and FOSS Patents suggests this is entirely possible -- Samsung could face a US import ban after a 60 day presidential review, an order prohibiting "significant" sales of infringing products in America along with a posting a bond for 88 percent of the entered value of mobile phones (plus 32.5 percent for media players and 37.6 percent for tablets) that include the breaching design features. Pender has, however, reportedly cleared several Samsung "designarounds" which, if implemented to satisfaction, would mean the tech giant could continue trading. For now though, the recommendations are awaiting the Commission's review.
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If both EU and ITC go ahead with these charges, I don't think Samsung will survive.
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Member Since: 5/14/2007
Posts: 25,912
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These legal battles need to stop 
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ATRL Senior Member
Member Since: 8/1/2012
Posts: 27,547
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This is a mess
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Member Since: 4/24/2011
Posts: 4,998
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Why can't we all just get along 
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Member Since: 4/19/2012
Posts: 1,557
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None of this will happen and if it does the money they'll have to pay will be nothing near that. Samsung and Apple need to stop being such bitches to each other. Apple need to accept that the iPhone would be nothing without its Samsung processor and Samsung need to realise that Apple copied HTC not them.
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Member Since: 9/24/2011
Posts: 3,565
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Quote:
Originally posted by .:Allen:.
These legal battles need to stop |
this it's getting annoying.
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ATRL Senior Member
Member Since: 3/22/2012
Posts: 53,769
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What a mess.
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Banned
Member Since: 2/25/2012
Posts: 5,503
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I'm here for a huge physical fight between Apple and Samsung, BGC reunion style 
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