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Samsung withdraws patent-based injunction requests against Apple in Europe

News by Andrew Kameka on Tuesday December 18, 2012.

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Samsung today announced that it will withdraw its request to have Apple products blocked from being sold in Europe, but will continue to sue Apple for damages and royalties related to the patents. Samsung had originally sued Apple over alleged patent violations and sought to have an injunction that would ban the import of Apple products into key European markets, but the company today said:

"Samsung has decided to withdraw our injunction requests against Apple onthe basis of our standard essential patents pending in European courts, in the interest of protecting consumer choice. We strongly believe it is better when companies compete fairly in the marketplace, rather than in court."

The change in tune did not suddenly arrive out of the benevolence of Samsung wishing to do what is best for the consumer; the company faced pressure that it might run afoul of the law because of the patents in question. Samsung requested injunctions against Apple based on standards essential patents, which must be licensed under fair, reasonable, and non-discriminatory (FRAND) rates. Samsung's actions made the company vulnerable to being deemed anti-competitive and face sanctions from the European Union that made any potential win from the patent dispute not worth pursuing.

Samsung will continue to seek damages related to the case but will not seek the ban of Apple products in France, Germany, Italy, the Netherlands, and the UK.

source: Bloomberg

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Andrew Kameka
Andrew is based in Miami, Florida.

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