Apple does selling iPhones and iPads with 3g in the Netherlands did not cease. Samsung had a lawsuit filed for a sales ban to achieve, but the judge rejected the request for a sales ban.
Instead, Samsung Apple less ask money for the use of the technology of Samsung’s 3g patents, it is apparent from the judgment of the court in The Hague. Apple should, according to the judge of Samsung an excessive amount of to pay for the 3g licenses from Samsung. The patents, which all four relate to 3g technology, are necessary to allow products to work with 3g networks. Therefore Samsung according to international rules, known as Frand, a reasonable range to do with licensing.
Samsung had a sales ban is required for the iPhone and iPad, but that prohibition is not there. The court rejects that claim resolutely, because Samsung is not really a license to Apple would want to give. The court considers that the offer from Samsung ‘so much is out of step with its obligation to make a Frand offer that it should be inferred that Samsung is not genuinely prepared a license agreement on Frand terms and conditions’.
The court ruling follows a session of a few weeks ago, in which Apple and Samsung were arguing about about the license for the 3g patents. The interim injunction follows quickly on another brief issue, which Apple a sales ban demanded on Samsung products. That sales ban was there, but because the patent infringement via a small adaptation of the software to undo could be made, the Samsung smartphones in the sale.
The Dutch summary proceedings is a part of a global fight between the two electronics companies, that this spring was ignited. There are lawsuits in the United States, Germany, South Korea, Japan and Australia. Apple claims that Samsung’s smartphones and tablets to look a lot like the iPhone and iPad, while Samsung relies on 3g patents.