Apple may still have to negotiate with Samsung regarding payments though

Mar 15, 2012 12:51 GMT  ·  By

Samsung has been trying to get some of Apple's products banned in the Netherlands, among other places, but its latest legal foray was cut short by a Dutch court.

The latest episode has elapsed in the saga of black eyes, throbbing bruises, crippling blows and prods that Samsung and Apple have been causing each other, figuratively speaking.

The Netherlands played was the scenery on this occasion, with Samsung being the one that lost the fight, albeit not the war.

While trying to get Apple products banned through wireless patent infringement claims, the company fell short of its goal.

A Dutch Court in the Hague ruled that a ban could not be applied as long as Apple showed willingness to negotiate and complied with the clauses on FRAND terms (fair, reasonable and non-discriminatory).

"The Dutch court said on Wednesday it cannot be said that Apple didn't comply with the clauses on FRAND (fair, reasonable and non-discriminatory) terms, so Apple is allowed to sell their products (in Netherlands) but that also means Apple should negotiate with Samsung on royalties," said Samsung Electronics' spokesman James Chung.

The situation is quite ironic, considering that Apple buys many components for its best-selling devices, like memory and the iPad 2 Retina Displays.

Apple also continues to reject the notion of paying Samsung patent royalties, saying that its agreement with Qualcomm gives it all necessary permissions.

Finally, the Cupertino company is going to continue attacking all of Samsung's products that it feels are imitations of its own. In other words, this fight will go on and on and on.

"It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware, to the user interface and even the packaging," said Apple Korea spokesman Steve Park. "We need to protect Apple's intellectual property when companies steal our ideas."