As you probably already know, tech companies Apple and Samsung are not exactly on good terms lately as the two become entangled in a rather fierce legal battle involving patents. So far, Apple has managed to stay ahead as the fruit company succeeded in taking down the Galaxy Tab 10.1 in Germany and Australia and was able to win an injunction against three Galaxy smartphones in Europe. And now it seems that it is Samsung's turn to play their hands in retaliation to Apple. Samsung is now looking to ban the iPhones and iPads in the Netherlands.
In a report brought by the folks from TechCrunch, Samsung has asked that the iPhones and iPads to be pulled out of Netherlands. This is the same court where Apple was granted injunction against three Galaxy smartphones, the Hague Court in the Netherlands. So how is Samsung going to approach this? Rather than filing a complaint about the design (much like Apple's Galaxy tab injunction request), Samsung is basing it solely on the 3G technology patents that the South Korean company holds and they are specifically targeting the following Apple devices: iPhone 3GS, iPhone 4 and iPads 1 and 2.
Samsung is claiming that the mentioned devices were in violation of infringing four different patents from the company. The preliminary injunction request asks that the Cupertino company be banned from trading, importing or selling the mentioned devices within the stores of Netherlands. In addition to that, the request also wants that the current stocks of the targeted Apple devices are to be pulled out from store shelves. These four patents are the same ones that Samsung will be using against Apple across other countries such as the South Korea, US, France, Japan, United Kingdom and Germany.
All four of the patents that Samsung has been holding are all essential patents. And with essential patents, it is subjected to the FRAND terms. As TechCrunch explains it:
With essentials patents, the right holder must license the patents to third parties without discrimination — this is known as FRAND terms.
With regards to patents, Samsung stated that Apple has been "freeriding". According to a statement released by Samsung executive Lee Younghee, "We’ll be pursuing our rights for this in a more aggressive way from now on." She also stated that Apple has been "freeriding" on the 3G technology that Samsung holds patents for. There have been reports as well that Samsung will be banning the sales of the iPhone 5 in South Korea, despite the fact that Apple has yet to announce the device.
There have been a time that Apple and Samsung have had a fruitful business relation, as the latter being the main component supplier for the former. This effectively makes Apple to be one of Samsung's biggest customers. But it seems that all of that has been gone now. As Samsung tries to fight back in this legal battle, the rift between two companies will only get worse. Something tells me that this will be a long, drawn-out battle and neither side will be backing down. [via TechCrunch]Contact Us for News Tips, Corrections and Feedback