Samsung Attempts To Settle EU Patent Case

Samsung is reportedly negotiating with the European Commission (EC) about settling the case in which the South Korean company is accused of using standard essential patents to harm its rival, Apple.

Sources close to the situation told Reuters Samsung has been talking to EU regulators “for several months”, but the settlement hasn’t been confirmed.

In December 2012, the EC warned that the company’s use of patents as weapons against Apple was anti-competitive, and could result in a fine that could get as high as $17.3 billion.

Fair and reasonable

In early 2012, the European Union launched an investigation to ascertain whether Samsung was illegally hindering the competitors through its patents. The probe was the result of prior findings by the EC, and not complaints made by company rivals.

The antitrust watchdog raised concerns that the Korean manufacturer may not be honouring a commitment made in 1998, to grant access to its standardised 3G technology. Samsung had promised the European Telecommunications Standards Institute (ETSI) it would “license any standard essential patents relating to European mobile telephony standards on fair, reasonable and non-discriminatory terms.”

This would mean that Samsung has to license its 3G patents to Apple, at a low cost. Later, Samsung launched several lawsuits, seeking injunctions against Apple’s use of its patents – action which could have gone against EU law.

Now, the company reportedly “wants to settle”, in which case it could avoid a huge fine. However, it is not yet clear if such a settlement can be reached.

Samsung and Apple are involved in at least 10 ongoing legal disputes around the world, as they continue to battle for dominance in the mobile device market. In November, a new trial will determine whether Samsung should pay $$600 million (£390 million), which was awarded to Apple in 2012 to compensate for patent infringement in the design of Galaxy smartphones.

In another trial, due to start in March 2014, Apple claims that Samsung illegally used a group of four patents that includes technology relevant to Siri.

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