Apple deemed to violate Samsung’s 3G patent.
With all the battles going on between Samsung and Apple, a decision in a Dutch court is going to make for big problems for Apple. The court ruled in favor of Samsung where it was determined that Apple violated 1 of Samsung patents related to 3G wireless technology which Samsung holds in Europe. This is out of the 4 which Samsung had alleged they had infringed on. For Samsung, this is very good news as they now have the ability to seek damages because it caused harm to the company.
But how much they may see in terms of any monetary damages is still to be worked out. And if Apple chooses to license the technology from Samsung in the jurisdiction where this verdict has been delivered, it could possibly reduce the amount which Apple has to pay. Under the Fair, Reasonable and non-Discriminatory (FRAND) 3G patents which Samsung holds, it restricts some of the actions which Samsung might be able to take. In particular, Samsung cannot seek any injunction to block sales of the iPhone (3G, 3GS, 4), iPad or iPad 2. The Dutch court has ruled that Samsung cannot seek any injunction as long as Apple is talking to Samsung about licensing the technology. That ties Samsung’s hands from trying to impact Apple’s sales in parts of Europe.
Of note in the Dutch ruling, is the ruling in a German courtroom where it was determined that Apple did not infringe on the exact same patent as they were deemed to have infringed on in the Dutch case. Exactly how these two opposing judgments are going to be resolved is unknown right now. We can expect to seem more cases continued on various patent infringement’s between these two companies for a while. The most watched one is happening in a Northern California courtroom on July 30th.
At least Samsung can take some satisfaction from the court ruling on one of the 3G patent infringements, though there are many more battles going on all over the world right now between the two companies.