



Samsung comments:





iPhone 4siPhone 4s






Source: Samsung

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By JasonMick (blog) on 10/5/2011 9:17:55 AM , Rating: 4
So Samsung admits the techniques in the patents are required if anyone is going to implement the specific 3G standard? Then it comes under the FRAND rules.

The worst case is that the judge is going to require that Apple pay Samsung FRAND licensing fees.

That's not necessarily correct. In other legal disputes companies, including Phillips have been permitted to sue rivals in EU court looking to ban their products from the market... e.g.:

The licensing requirement you refer to is not formally defined in EU law. Rather it's a supposed "precedent" set in German court by the "Orange Book" decision:

However, there is no official precedent in EU court -- what one country's court decides can be quite different from what another's decides.

Further, Samsung could successfully argue that the patents in question are not essential to the standard (as alternative 3G technologies exist elsewhere) and thus are still eligible for lawsuits, even in regions where F/RAND-based product bans ARE disallowed (such as Germany).

Samsung could well succeed in banning the iPhone 4S in France and Italy, much as Apple banned its tablets in Germany.

