Samsung claims Apple ‘structurally’ infringes its 3G patents

“Apple Inc. has infringed upon Samsung Electronics Inc. patents since entering the mobile-phone market with the iPhone 3G, a lawyer for Samsung told a Dutch court as the company seeks a ban on some Apple products in the Netherlands,” Maaike Noordhuis reports for Bloomberg. “‘Apple just entered the market in 2008 without taking care of the licenses,’ Bas Berghuis van Woortman, a lawyer for Simmons & Simmons LLP who represents Samsung, said in The Hague court. ‘Apple is consciously, structurally infringing the 3G patents.'”

“Samsung, the world’s second-largest maker of mobile phones, filed four lawsuits against Apple in the Netherlands and the first scheduled hearing is today. Samsung is claiming Cupertino, California-based Apple’s iPhone and iPad that use 3G technology infringe Samsung patents and is seeking a ban on their sale in the Netherlands,” Noordhuis reports. “Apple told the court it uses Intel Corp.’s chipsets for iPhones in Europe, and licenses are covered that way. ‘When we entered the market we did have patent licenses,’ said Rutger Kleemans, a lawyer for Freshfields Bruckhaus Deringer LLP representing Apple in the Netherlands.”

Noordhuis reports, “Apple has blocked sales of the Galaxy Tab 10.1 in Germany, which Strategy Analytics forecasts will be Europe’s third- largest market for touch-screen mobile computers this year.”

MacDailyNews Take: Apple didn’t block them, a court of law did.

Noordhuis reports, “In Australia, Samsung’s debut of its Galaxy 10.1 tablet computer may be delayed beyond the end of the month after a judge today said she needs time to study Apple’s patent- infringement claims. Suwon, South Korea-based Samsung lost a preliminary court ruling over sales of its Galaxy S, S II and Ace smart phones in the Netherlands in a patent dispute with Apple last month. The judge in that case didn’t extend the ruling to Samsung’s tablet computers.”

MacDailyNews Take: Sounds like all Samsung does is file wild-eyed counterclaims and lose cases.

Full article here.

Electronista reports, “Samsung is holding Apple ‘hostage’ by asking for 2.4 percent on each 3G chip used in the iPad and iPhone, Apple argued in a court hearing in The Hague over Samsung’s new counterclaims.”

“Revealing what was supposed to be a confidential term, it said Samsung was deliberately misusing both the royalty rate and the responsibility for its payment to try and oppose Apple’s lawsuit, according to Webwereld reporter Andreas Udo de Haes. The company didn’t ask for payments at all until 2010, and during talks deliberately violated FRAND (fair, reasonable, and non-discriminatory) licensing terms by excluding Apple from a license for the Qualcomm chipsets used in the CDMA iPhone 4 and, presumably future iPhone models,” Electronista reports. “In Europe, Apple supposedly already pays Samsung its royalty rate through Intel, which bought Infineon and thus the maker of its current GSM iPhones chipset.”

Read more in the full article here.

[Thanks to MacDailyNews Readers “Edward Weber” and “Dan K.” for the heads up.]

MacDailyNews Take: Boycott Samsung. We no longer buy Samsung-branded products and advise our millions of readers worldwide to also avoid purchasing Samsung-branded products until they cease stealing Apple’s patented IP.

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

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