Home

Samsung’s Settlement Proposal
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The Suwon, South Korea-based company had promised in October that it wouldn’t seek injunctions to block sales of smartphones and tablets using patents that are part of a technology standard for five years against companies willing to seek fair licensing terms. Bloomberg reported that after Samsung’s rivals and customers agree that the company’s offer allays antitrust concerns, regulators can make the offer binding on Samsung and end the EU probe as well as any threat of a fine.

The EU opened an investigation into Samsung in January 2012 on injunctions it took in 2011 to block the sales of Apple products using Samsung’s third-generation mobile-phone technology patents. Regulators said Apple was willing to license the patents on fair terms and Samsung’s injunctions violated competition rules.

  
What
Where


Samsung, which has clashed with Apple Inc. over patents, may have to address concerns over how it will handle disputes over the technology. Samsung and Apple have been fighting each other in court over patents for years, and both sides have played nasty. However, Samsung overstepped the mark when it used SEPs against Apple in Germany — these are patents that are (as the term suggests) essential to certain standards. In this case, without using Samsung’s patented technologies, you cannot make a 3G phone. That’s what makes this an antitrust case, and an important one at that.

The SEPs affair is quite different. It is not a matter of giving competitors their chance to shine; it is about letting those competitors play in the mobile space in the first place. And it’s not a situation that will fundamentally change in five years’ time.

The big problem with Samsung’s settlement proposal is its five-year term. Once those five years are up, the average consumer will have had a good chance to see that Internet Explorer wasn’t the only option. And it’s worked – just ask Mozilla and Google, whose Firefox and Chrome browsers have been allowed to thrive through the magic of informed consumer choice.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Image Credit: The UK Telegraph





 

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Senior Antitrust Associate Attorney

USA-CA-San Diego

San Diego office of our client seeks Senior Antitrust Associate Attorney with 7 years of experience....

Apply Now

Senior Antitrust Attorney

USA-WA-Seattle

Seattle office of a BCG Attorney Search Top Ranked Law Firm seeks Senior Antitrust Attorney with 9 y...

Apply Now

Patent Attorney

USA-DC-Washington

Washington, D.C. office of a BCG Attorney Search Top Ranked Law Firm seeks Patent Attorney with 1 ye...

Apply Now

RELEVANT JOBS

Closing Attorney

USA-NC-Cherokee

The Uptown Law Firm is seeking Attorney to handle real estate transactions on a per-file basis throu...

Apply now

Family Law Attorney

USA-WA-Everett

EXCEPTIONAL FAMILY LAW ATTORNEY McKinley Irvin is looking for an exceptional family law attorney ...

Apply now

Associate Attorney - Construction Litigation

USA-PA-Lancaster

Woolford Kanfer Law is a busy business law and litigation boutique in Lancaster, Pennsylvania that s...

Apply now

Title Underwriting Paralegal

USA-SC-Greenville

Opening available for a Title Underwriting Paralegal with a law firm in downtown Greenville.  M...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top