Apple attacks Samsung for asserting standards-essential patents
Apple today accused Samsung of demanding too much money for infringement of patents pledged to industry standards, and argued that Samsung violated European guidelines by not disclosing the patents to a standards body quickly enough.
As we reported yesterday, Samsung’s legal counterattack against Apple’s patent infringement claims include a demand for up to $399 million for Apple’s alleged violation of Samsung patents related to the UMTS 3G standard. The demand is based on a royalty of between 2 percent and 2.75 percent per device.
Today, Apple called witnesses who testified that Samsung’s royalty demands are unreasonable for patents deemed essential to industry standards, and that Samsung did not fully comply with the standards process. As background, when companies like Samsung submit patents to be used as part of industry standards, they agree to license those patents to competitors at fair, reasonable, and non-discriminatory rates (FRAND). But there is no generally accepted definition of fair and reasonable rates.