Samsung sues Apple in Holland over 3G patents; wants all devices banned
Apple sued Samsung over the Galaxy Tab 10.1 device in Holland in August, following its initial suit in Germany, as Holland is the central hub for Samsung's European imports.
The Korean company is looking to enforce four patents it has regarding 3G technology; in effect, looking to have all Apple 3G device banned in Holland.
Open or shut?
Significantly, however, these patents are incorporated in international standards for 3G and UMTS technology, hence the court will meet on Monday to consider this issue.
The difference compared to typical patent lawsuits is that Samsung has to provide thirdparties with the ability to licence such patents under Fair, Reasonable, And Non-Discriminatory (or FRAND) terms.
According to IP analyst Florian Mueller, this will simplify the case.
"It may reduce it to the question of whether Apple owes Samsung any money, and if so, how much, without any need to talk about an injunction," he told Macworld.
"Asking for an injunction is an abuse unless the request for the injunction is limited to the scenario in which the defendant doesnt accept to pay FRAND royalties.