In what could be seen as the most significant development of the ongoing smartphone and tablet patent war, the European Commission has launched a preliminary investigation of Samsung over possible FRAND patent abuse against Apple.
Apple has sued Samsung over the infringement of proprietary designs and technology patents. However Samsung's patent claims against Apple are committed to 'Fair, Resonable And NonDiscriminatory' licensing terms. Therefore, the submission of standard-essential patents potentially violates competition laws.
The action came to light after Apple filed documents to a court in California. The European Commission's Directorate General for Competition has requested information from both parties.
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Upon receiving this request, Samsung said it has always "remained committed to fair, reasonable and non-discriminatory licensing terms for our wireless standards-related patents".
Apple's court filing said: "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 behaviour violates EU competition laws.
“Apple brings these Counterclaims In Reply to halt Samsung's abuse and protect consumers, the wireless telecommunications industry, and Apple from further injury."
If Samsung is shown to have breached competition laws, then it may have to withdraw its claims against Apple.
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