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DoJ Investigating Samsung For Patent Abuse
sl4shd0rk writes "Good news for Apple, bad news for Samsung. Yesterday, Apple filed legal papers with the International Trade Commission citing a Department of Justice investigation into whether Samsung is misusing its 'Standards essential' patents in ways which violate antitrust law. Apple claims Samsung has violated commitments to license its essential patents to competitors on fair, reasonable and non-discriminatory terms. Or, more specifically, Samsung is 'using certain patents as a basis for improper legal actions that seek to block the sale of competitors' products.' The article says Google (because of its recent acquisition, Motorola Mobility) is under the same scrutiny."
I think you guys don't understand what “standards essential” patents are and how they came to become STANDARDS essential. You seem to think common patents = standards essential patents, and that just isn’t the case.
So for the record, Apple really isn't abusing standards essential patents like Samsung/Motorola. When a standard is being debated, and before it's agreed on by a standard body, the patent owner is consultant and (in virtually all cases where it becomes a standard) the owner agree to license that patent fairly and without discrimination (meaning to competitors). Microsoft and Apple aren't abusing their PATTENT ESSENTIAL patents. They are just making people pay up for using their other patents that happen to provide common functionality.
In other words, Apple and Microsoft aren't in the position Samsung and Google/Moto are in. They have patents on things that, while seem standard or essential, they didn't agree to license them with any "standards" body. They are just really popular things that everybody wants.
Maybe some examples will help you understand. Motorola agreed to certain wifi and video patent licensing before their patented technologies where included by the governing standards body. Microsoft agreed to ZERO licensing agreements for their proprietary product ActiveSync technology (not exactly true anymore, since the EU got involved, but that would be another debate). However, Apple didn't agree to allow pinch and zoom as a standard and the EU hasn’t forced them to license it. It’s just pinch and zoom is really cool and everyone copied them. Fast forward and Google-Motorola is pissed that Apple and Microsoft won't let them use their active sync and pinch and zoom patents for free so they are breaking their promise on the wifi/video patents and charging absurd rates for those patents. It’s not the pot calling the kettle black. You just don't understand the back story.