Samsung could be fined as much as $15 billion fine in Europe after trying to use “standard-essential” patents against Apple. The Guardian reports that the European commission may fine the Korean firm 10% of its total revenue for 2011. Samsung made $148.9 billion during that year. So it may end up paying a $14.8 billion fine.
According to The Guardian, “Apple has been seeking bans based on what it claims are infringements of specific patents that are not part of any standard, such as the “pinch and zoom” feature on touch screen phones, as well as design patents on the appearance of its products.
“Samsung, by contrast, has frequently tried to use its SEPs, which differ from the patents asserted by Apple in that they are only included in a standard such as 3G if the owner makes a formal commitment to license them to allcomers on a “fair, reasonable and non-discriminatory” basis. If the licenser and licencee cannot agree on pricing, it is set by a court. The commission noted that Apple had offered to make a payment, but that the two sides differed on the sums involved.”
The commission notes that Apple tried to license these patents, but failed agree to terms with Samsung.
Samsung attempted to ban the sale of the iPhone and iPad in Europe, but withdrew its request. In a statement, it said, “Samsung remains committed to licensing our technologies on fair, reasonable and non-discriminatory terms, and we strongly believe it is better when companies compete fairly in the marketplace, rather than in court. In this spirit, Samsung has decided to withdraw our injunction requests against Apple on the basis of our standard essential patents pending in European courts, in the interest of protecting consumer choice.”
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