This may have just gotten a bit more interesting in the continuing legal feud between Samsung and Apple. MacRumors reports through FOSS Patents that the European Commission has launched an investigation into possible patent abuse by Samsung.
The root of the investigation is the claim that Samsung has refused to fairly license their 3G-related patents to Apple under FRAND (fair, reasonable and non-discriminatory) terms, as the patent they suggest that Apple is violating are essential to basic device operation.
Apple’s lawyers have repeatedly argued that Samsung’s patents are essential to basic device operation, and that Samsung’s proposed licensing terms for the patents are not in compliance with FRAND standards. From the legal 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.
The European Commission has acknowledged the investigation and has requested information from both Apple and Samsung as they proceeds with the inquiry, which could have significant antitrust implications against Samsung.
