back to article Ericsson sues Samsung for un-FRANDliness

Ericsson has filed a patent suit against Samsung in the US alleging that the Korean firm has refused to renew a licence to use some of its technology on the same terms other companies have accepted. The Swedish firm must have been feeling left out of the Great Patent Wars, because it filed two suits against Sammy in Texas, one …

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Meh

Renew vs renegotiate?

They've refused to "renew on the same terms as their competitors" reads a bit like "refused to pay more than they did before under the old agreement".

When I "renew" I expect much the same T&Cs, not a change.

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Anonymous Coward

Re: Renew vs renegotiate?

Wake up and smell the coffee - this is the real world.

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Re: Renew vs renegotiate?

Some patent licenses (e.g. MPEG-LA) have explicit terms limiting future price rises. In the absence of such contractual agreements only the FRAND commitment would apply. As with any license/contract that will expire you need an alternative option to at least threaten at the expiry or you will end up negotiating from a very weak position

It is a interesting question what the FRAND commitments are worth, I believe that they should be pretty strong but Samsung is arguing opposite directions in different cases.

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Re: Renew vs renegotiate?

I think the devil will be in the detail - what are the extra T&Cs that their competitors agreed to, also. It may not just be a price hike (which I agree would be a teeny bit hypocritical of Samsung to object to).

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Anonymous Coward

Evil Shamsung

at it again then?

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Anonymous Coward

Re: Evil Shamsung

Well they've got to find a billion dollars from somewhere!

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Apple pimping Ericsson

Ericsson are Apple's bitch?

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Bronze badge

Re: Apple pimping Ericsson

Most probably, since Ericsson is, of course, part of Rockstar Consortium's Gang of Five (Apple, Microsoft, Ericsson, RIM and Sony) who bought Nortel's patents.

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Anonymous Coward

Re: Apple pimping Ericsson

It's Samsung so it must be Apple's fault? Give it a break.

Samdung should just pay up like they are supposed to do when licencing essential (FRAND) patents.

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WTF?

Makes you wonder...

So far everyone has been beating up on Apple for sounding like a cheapskate, etc etc. But if Ericson is also complaining about the same thing, then IMO that changes things. It certainly does make Samsung look like it's being a bully.

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Anonymous Coward

Re: Makes you wonder...

First of all let's wait for some genuine information being provided by the court.

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Silver badge

Re: Makes you wonder...

Ericsson, Apple, Microsoft, RIM and Sony are all part of the consortium who bought Nortel patents so perhaps they are all in a cartel together trying to bully Samsung into handing over its profits.

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Boffin

Re : «First of all let's wait for some genuine information being provided by the court.»

Alas, Ericsson chose to file in the United States District Court for the Eastern District of Texas, which is notorious for being the preferred destination of patent trolls as it (nearly) always rules in favour of the plaintiff. This, unfortunately, is not a court from which one can reasonably expect «genuine information» ; while Ericsson's US lawyers may feel that suing in this particular venue was a brilliant move which guarantees (initial) success, from a publicity point of view it seems more akin to a self-goal, at least for those familiar with the court....

Henri

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Silver badge

Re: Re : «First of all let's wait for some genuine information being provided by the court.»

Well spotted mhenriday!

If your intention is to merely harass someone (you don't expect to win in the long run but pissing them about will cause some serious damage to their business that you wont have to may for) then the place you would start would be east texas.

If you thought your were in the right you would start in a real court so the case would be over sooner.

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Anonymous Coward

Re: Re : «First of all let's wait for some genuine information being provided by the court.»

Well, Ericsson's North American HQ is located in Plano in eastern Texas, so it does make some kind of sense to file the suit there.

http://www.ericsson.com/thecompany/company_facts/worldwide/na/us

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Anonymous Coward

So Samsung play fair... NOT.

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Bronze badge

Where is my Thatcherism is bloody stuid Icon?

Wouldn't it be nice if countries stopped importing foibles from other countries and set up businesses at home where the natives can make there own and kill patents.

Ditto for copyright shambollocks.

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