Apple infringes on Samsung UMTS patent, Dutch court rules

Samsung lost two other infringement cases in The Hague today

Apple was found guilty of infringing on a UMTS related patent owned by Samsung and must compensate Samsung an undetermined amount, a Dutch court ruled on Wednesday.

The court ruled that Apple infringes on Samsung's UMTS (Universal Mobile Telecommunications System) patent by using Intel and Infineon baseband chips in the iPhone 3G, 3GS and 4 and the iPad 1 and 2. By using these chips without paying a license fee, Apple has caused harm to Samsung since August 2010, the court said in the verdict.

The verdict does not include the iPhone 4S and the new iPad because they use Qualcomm baseband chips.

Apple infringes on Samsung's EP1188269 patent that describes an "apparatus for encoding a transport format combination indicator for a communication system," according to the court in The Hague. The court also noted that the regional court in Mannheim, Germany, ruled in March this year that Apple does not infringe on the same patent.

Apple was given two months by the court to specify the number of infringing products sold in the Netherlands, and has to provide the related revenue and profit resulting from those sales to Samsung. Apple was also obliged to provide an inventory of infringing products it keeps in stock in the Netherlands. If Apple does not comply, it has to pay a penalty of €10,000 (US$12,700) for every violation of the verdict, with a maximum total penalty of €5 million, the court ruled.

Because the patent in question is standard-essential, Apple will eventually have to pay a licensing fee to Samsung under so called fair, reasonable and non-discriminatory (FRAND) terms. The sales of the products in the Netherlands cannot be banned, since The Hague court ruled in March this year in an interlocutory judgement that it would not grant injunctions.

Apple's defense consisted of disputing the validity of the patent. The court declared only part of the patent valid. Because both Apple and Samsung in this way won part of the lawsuit, they both had to pay their own litigation costs, the court ruled. Both parties agreed that the winner had to pay for all the litigation costs.

Samsung said in a statement that this ruling confirmed that Apple uses their technologies free of charge, adding that they intend to recover damages "adequately."

"We will continue to defend our innovations and to protect our intellectual property rights to stop Apple from using our technology for free," Samsung said in an emailed statement.

Apple had no immediate response to the verdict and didn't say if it was going to appeal. But in its official statement, it repeated its stance that Samsung is "blatantly" copying Apple's products.

The court in The Hague ruled in two other lawsuits between Samsung and Apple on Wednesday.

In one case, the court ruled that Apple does not infringe on EP1478136, a patent on the "fast adaptation of the data rate of a reverse packet data channel in a mobile communication system."

The other verdict considered if Apple was infringing on a patent on an "apparatus and method for controlling a demultiplexer and a multiplexer used for rate matching in a mobile communication system" (EP1114528) and a patent on a "turbo interleaving apparatus and method" (EP1097516). The court ruled that Apple does not infringe on the first patent and declared the second one invalid.

Samsung has to cover Apple's litigation costs in both cases -- €800,000.

(Additional reporting by Andreas Udo de Haes from the Dutch IDG publication Webwereld.nl)

Loek covers all things tech for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Loek Essers

IDG News Service
Show Comments

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?