Ericsson sued Samsung over refusal to renew FRAND patents
Ericsson sued Samsung over refusal to renew FRAND patents
2 December, 2012
Samsung
According to Swedish tech firm Ericsson, Samsung is currently selling unlicensed mobile devices after a patent deal signed by both firms in 2001 and renewed in 2007, expired.
The patents covered by the licensing pact are standards essential patents meaning that they are covered by the FRAND rules which means that licensing deals for these patents should be "fair, reasonable, and non-discriminatory". Samsung refused to renew it, so Ericsson sued Samsung for these patents.
"Despite nearly two years of negotiations involving the most senior management at both companies, Samsung has refused to renew its expired license to Ericsson's industry leading portfolio of telecommunications patents on the same fair, reasonable, and non-discriminatory (FRAND) terms that Samsung's competitors have previously accepted.
Samsung has sold hundreds of millions of unlicensed cellular handsets, smartphones, tablet computers, and televisions since the expiration of its license, including its flagship Galaxy S III smartphone
At the trial of that matter in the United States District Court for the Northern District of California, Samsung asserted all companies implementing a standard in its products must seek out and accept a license on FRAND terms. Yet, when the tables are turned and Samsung finds itself in the position of being the prospective licensee, it now refuses to license Ericsson's standard-essential portfolio at FRAND rates." - Ericsson
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