European Commission Opens Investigation into Samsung's Patent Threats Against Apple

The patent dispute between Apple and Samsung has certainly been well-documented as it has expanded to encompass numerous lawsuits and other complaints filed by both sides in a number of different countries. The offensive portion of Samsung's case has centered on 3G-related patents that it owns, but Apple has argued that those patents are essential to basic device operation and must therefore be licensed under FRAND (fair, reasonable and non-discriminatory) terms. Apple's lawyers have also argued that Samsung's proposed licensing terms for those patents have so far not been made in compliance with FRAND standards.

apple samsung logos
As first reported by FOSS Patents, a new legal filing by Apple in a U.S. case has revealed that the European Commission is indeed investigating Samsung over potential abuse of FRAND-related patents. From the filing:

Samsung has launched an aggressive, worldwide campaign to enjoin Apple from allegedly practicing Samsung's patents. 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.

Reuters also reports that the European Commission has issued a statement acknowledging the investigation, noting that it has requested information from both Samsung and Apple as it enters the early stages of a potential antitrust inquiry.

"The Commission has indeed sent requests for information to Apple and Samsung concerning the enforcement of standards-essential patents in the mobile telephony sector. Such requests for information are standard procedure in antitrust investigations to allow the Commission to establish the relevant facts in a case. We have no other comments at this stage," the EU executive said in a statement.

Apple has won a number of injunctions against Samsung over claims that several Android-based tablets and smartphones infringe upon Apple's design patents. Samsung initially adopted a primarily defensive stance against Apple, but has recently gone on the offensive to assert its 3G patents in an attempt to strengthen its hand in the courts and any potential settlement talks. But with some observers and Apple having argued that Samsung's asserted patents are subject to FRAND terms and judges and regulatory authorities beginning to agree with or at least consider that position, Samsung's efforts may yet backfire on the company.

Popular Stories

iPhone SE 4 Vertical Camera Feature

iPhone SE 4 Production Will Reportedly Begin Ramping Up in October

Tuesday July 23, 2024 2:00 pm PDT by
Following nearly two years of rumors about a fourth-generation iPhone SE, The Information today reported that Apple suppliers are finally planning to begin ramping up mass production of the device in October of this year. If accurate, that timeframe would mean that the next iPhone SE would not be announced alongside the iPhone 16 series in September, as expected. Instead, the report...
iPhone 17 Plus Feature

iPhone 17 Lineup Specs Detail Display Upgrade and New High-End Model

Monday July 22, 2024 4:33 am PDT by
Key details about the overall specifications of the iPhone 17 lineup have been shared by the leaker known as "Ice Universe," clarifying several important aspects of next year's devices. Reports in recent months have converged in agreement that Apple will discontinue the "Plus" iPhone model in 2025 while introducing an all-new iPhone 17 "Slim" model as an even more high-end option sitting...
Generic iPhone 17 Feature With Full Width Dynamic Island

Kuo: Ultra-Thin iPhone 17 to Feature A19 Chip, Single Rear Camera, Semi-Titanium Frame, and More

Wednesday July 24, 2024 9:06 am PDT by
Apple supply chain analyst Ming-Chi Kuo today shared alleged specifications for a new ultra-thin iPhone 17 model rumored to launch next year. Kuo expects the device to be equipped with a 6.6-inch display with a current-size Dynamic Island, a standard A19 chip rather than an A19 Pro chip, a single rear camera, and an Apple-designed 5G chip. He also expects the device to have a...
iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Less Than Two Months Away: Everything We Know

Thursday July 25, 2024 5:43 am PDT by
Apple typically releases its new iPhone series around mid-September, which means we are about two months out from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design differences and new features to take into account. To bring ...
icloud private relay outage

iCloud Private Relay Experiencing Outage

Thursday July 25, 2024 3:18 pm PDT by
Apple’s iCloud Private Relay service is down for some users, according to Apple’s System Status page. Apple says that the iCloud Private Relay service may be slow or unavailable. The outage started at 2:34 p.m. Eastern Time, but it does not appear to be affecting all iCloud users. Some impacted users are unable to browse the web without turning iCloud Private Relay off, while others are...
iPhone 17 Plus Feature Purple

iPhone 17 Rumored to Feature Mechanical Aperture

Tuesday July 23, 2024 9:32 am PDT by
Apple is planning to release at least one iPhone 17 model next year with mechanical aperture, according to a report published today by The Information. The mechanical system would allow users to adjust the size of the iPhone 17's aperture, which refers to the opening of the camera lens through which light enters. All existing iPhone camera lenses have fixed apertures, but some Android...

Top Rated Comments

starvingartist8 Avatar
166 months ago
I know this is gonna get downrated but Samsung are being jerks. They think they can just copy stuff and get away with it because they supply or used to supply Apple with their parts...

That is like me letting someone else copy my paintings because they sell me their paint...

Grow up Samsung you cannot win.. it is too logically against you.

Do something on your own for once Samsung. Such an immoral company.

Have fun downrating people who cannot see logically.
Score: 31 Votes (Like | Disagree)
nagromme Avatar
166 months ago
The best outcome, I fear, may be unlikely: Samsung stops the lazy, blatant copying and focuses instead on creating truly great, original, innovative touch-platform designs! Wouldn’t that be nice to see?

Apple is stifling innovation by not going after these copycats even harder! :)
Score: 23 Votes (Like | Disagree)
mcarling Avatar
166 months ago
Samsung appears to be violating Article 102 TFEU.
Score: 17 Votes (Like | Disagree)
dBeats Avatar
166 months ago
Samsung even copies Apple's lawsuits and still can't manage to do anything right. What a pitiful uncreative company....
Score: 10 Votes (Like | Disagree)
mknopp Avatar
166 months ago

It appears to be backfiring on Samsung at the moment. I wonder how long before it backfires on apple?

This isn't anti competition. This is anti plagiarism.

No, it started as anti-plagiarism (actually trade dress violations but close enough). Then Samsung turned it into an anti-competitive argument, by trying to sue Apple for violations of FRAND technology.

To me this is just a huge sign of how weak Samsung's case really is. Within an hour of these 3G cases becoming public knowledge many people in the know where expressing confusion as to how Samsung was planning to use FRAND patents in this way without getting into trouble. Therefore, either Samsung's lawyers are idiots or this was just an absolutely desperate grab at anything that Samsung could use to try and get out of Apple's case concerning their trade dress violations (which according to Apple's filing seem to be numerous and pretty blatant).

Too many people seem to want to turn this into an Apple versus Android fight, but in reality it didn't start that way. Samsung made changes to Android to make their version look way too similar to iOS and that doesn't even start to address the packaging and industrial design itself. Other companies have somehow managed to use Android without making it look like iOS, so it was a decision that Samsung made that had nothing to do with using Android.

As for the physical appearance, that is likely the weakest argument of Apple concerning trade dress. After all it is a radius cornered rectangle with a black bezel, but simply take a look at the new Motorola Xoom to see that it is actually possible to make a tablet that doesn't physically mimic the iPad. Honestly, I like the look of the new Xoom with its chamfered corners. Good work Motorola on some actual design innovation.
Score: 8 Votes (Like | Disagree)
The Great Boony Avatar
166 months ago
Which was what precisely?
Samsung 100% steals Apple's designs and products, Apple forces them to stop.
What part of that are you weeping over for Samsung?

Samsung have copied Apple for years and have been getting away with it.

The cost of using Android on your hardware is going to get very expensive in the future, they are already paying Microsoft in excess of $15 per handset installed with android and Nokia $7 per handset.

A quick look at all phones released in 2007 alongside the iPhone just displays how advanced iPhone and iOS was.

I’d be curious to see what shape Android was in then… bearing in mind Google they hired two Apple engineers that had early sight of IOS way before iPhone was released.

Google is the devil and Samsung are one of their minions
Score: 6 Votes (Like | Disagree)