Sep 23rd, 2011

That didn’t take long, did it? Following news earlier that Samsung would be going on the offensive against Apple, they’ve requested that Apple’s iPad and iPhone (any variants currently advertised and available for sale with 3G radios inside) be banned in the Netherlands.

The patents are related to methods of managing the data connection and speed between a mobile station, such as a smartphone or tablet, and a network base station.

This is what that unnamed Samsung insider was referring to when they said Apple would need to completely strip out all phone radios inside if they wanted to have a chance in these cases. Samsung is said to be seeking injunctions in other regions, including the UK, US, Germany, France, Japan and South Korea.

This doesn’t mean we’ll suddenly see Apple’s mobile products disappear from the media and store shelves if Samsung is indeed granted the victory. Apple has requested a hearing to make a case that Samsung can not deny them a license under terms of the fair, reasonable and no discrimination policy of holders of standard-setting patents.

Because the patents Samsung hold define technology that is highly intertwined in today’s standard 3G networks, they can’t deny Apple a license. Not only can Apple not be denied, but the price they pay has to be reasonable. The judge ultimately decides what’s reasonable and what isn’t so Samsung can’t ask for Apple to pay an inordinate amount of money to keep them from licensing the patents.

We’re not sure what this will do for the dynamic of the case, but perhaps Samsung’s hoping Apple will simply back-off. Unfortunately, we don’t see Apple backing down from having to pay a little money – they are one of the richest technology companies in the world, after all. The FRAND hearing is set for September 26th. Back to the drawing board for Samsung, we suppose, as it looks they’ll eventually have to find another basis for their case. [via MacWorld]

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