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November 4th, 2011, 12:00 GMT · By

EU Has a Problem with How Samsung Is Suing Apple

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Samsung might get fined by EC
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The whole bash fest between Apple and Samsung was bound to eventually step on some toes and, as it happens, Samsung ended up raising a big enough red flag that the European Commission decided to get involved.

One of the latest claims that Samsung made against Apple is that the latter is infringing 3G patents.

This happened after Apple sought, and succeeded, to get the Galaxy tab 10.1 banned in Australia and Germany.

Basically, the two companies are each suing the other over alleged patent infringement.

While Apple is relentlessly going after Samsung's tablet, Samsung keeps trying to get the iPhone 4S banned.

Now, it looks like all this back and forth stepped on the tail of Europe's so-called competition watchdog.

The EC (European Commission) is stated to have started an investigation meant to determine whether or not Samsung is overstepping its bounds.

At least, this is what Apple's most recent court filing in California said had happened, according to Foss Patents.

“Samsung's efforts to coerce Apple into tolerating Samsung's imitation have not been limited to the counterclaims here [in California]. Samsung has launched an aggressive, worldwide campaign to enjoin Apple from allegedly practicing Samsung's patents,” the filing says.

“Samsung has sued Apple for infringement and injunctions in no fewer than eight countries outside the United States. Indeed, Samsung's litigation campaign and other conduct related to its Declared Essential Patents is so egregious that the European Commission recently has opened an investigation to determine whether Samsung's behavior violates EU competition laws.

“Apple brings these Counterclaims In Reply to halt Samsung's abuse and protect consumers, the wireless telecommunications industry, and Apple from further injury.”

FRAND standard patents is what the commission is investigating and, if Samsung is found guilty, it will have to drop its lawsuits and pay a fine. A patent agreement with Apple might have to be signed as well.


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