Wireless News Desk
FRAND Wins One
Samsung’s trick of terminating its Qualcomm agreement as far as Apple goes didn’t work in Holland
By: Maureen O'Gara
Mar. 19, 2012 07:45 AM
A Dutch court Wednesday told Samsung it couldn't have an injunction against Apple's iPhone 4s based on patents it pledged to ETSI and 3G/UMTS standards.
Not when Apple is willing to license them on fair, reasonable and non-discriminatory (FRAND) terms. It especially can't have an injunction or otherwise call Apple to account because it's already getting paid by Qualcomm for the patents; Apple's just buying covered baseband chips from Qualcomm; it's covered by extension.
Samsung's trick of terminating its Qualcomm agreement as far as Apple goes didn't work in Holland because the widgetry was irrevocably pledged to ETSI.
In patent speak that's called patent exhaustion, meaning the patent holder can't double dip.
Baseband chips Apple bought from Infineon, now part of Intel, may be a different matter.
Apple has gone off to prove patent exhaustion there too. It has until March 28 to file a brief.
And of course anything can be appealed but Samsung is doubtlessly looking at way less than it figured.
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