Thursday, May 2, 2013

Apple: DOJ has Samsung's standard-essential patents in its bristling sights

Apple: DOJ has Samsung's standard-essential patents in its bristling sights Apple has said that Samsung will be investigated from the U.S. Department of Justice.

The company announced the investigation rrnside a filing with your U.S. International Trade Commission on Monday, on the grounds that the "Department of Justice has opened a study to the procedure by which Samsung provides -- or misused -- its declared-essential patents."

The Justice Department has not nexus 4 bumper confirmed can has stayed tight-lipped around the matter, but Dow Jones Newswires is reporting today, citing a resource, that this investigation have been occurring for months.

FOSS Patents' Florian Mueller was to set of the investigation.

Essential, aka standard-essential, patents are handled differently than regular patents. As a company's patents are deemed standard and essential, 1 of three offer them at a fair, reasonable, and nondiscriminatory (FRAND) basis. Apple has argued over and over that Nexus 4 Leather Case a few Samsung's wireless patents, that have been deemed standard-essential, have been offered on unfair terms, stifling competition.

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In January, the eu Union's European Commission announced not wearing running shoes had launched an official investigation into whether Samsung was featuring a essential wireless patents for anticompetitive tool, and violating dedication it designed to the ecu Telecommunications Standards Institute.

"Samsung sought injunctive relief in various Member States' courts against competing mobile device makers as outlined by alleged infringements of certain of its patent rights it has declared important to implement European mobile telephony standards," the Commission said in January. "The Commission will investigate, acquire, whether in you will find special Samsung has failed to honor its irrevocable commitment given in 1998 for that European Telecommunications Standards Institute (ETSI) to license any standard essential patents referring to European mobile telephony standards case for nexus 4 on fair, reasonable and non-discriminatory (FRAND) terms."

In short, the eu Commission needs to ensure Samsung isn't hurting competition by limiting competitors' use of technology that's deemed essential in mobile products.

The Department of Justice has target standard-essential patents before. Recording when it approved Google's getting Motorola Mobility -- a move driven mainly function as search giant's need to have to own more patents -- the Justice Department explained that it really would be aware of the handling of essential patents all through the mobile market. The Samsung investigation might have been an answer for that.

CNET has contacted both Apple and Samsung for discuss the investigation. In this article update this story whenever you acquire more information.

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