Click here to close now.

Welcome!

Microservices Journal Authors: Liz McMillan, Pat Romanski, Louis Evans, Jason Bloomberg, Elizabeth White

Related Topics: Wireless, Microservices Journal, Web 2.0, iPhone, Open Web, Security

Wireless: Article

Ericsson Sues Samsung over FRAND Patents

The charge is a turnaround for Samsung, which is suing Apple for infringing its FRAND-pledged patent

Ericsson, the big Swedish telecom house, has sued Samsung, the big Korean conglomerate, in the plaintiff-friendly US District Court for the Eastern District of Texas charging patent infringement and breach of contract.

It said that after two years of negotiations involving the most senior management of both companies Samsung refused to renew a license for standards-essential patents (SEPs) that it was offered on fair, reasonable and non-discriminatory (FRAND) terms so Ericsson "has turned to litigation as a last resort."

Samsung licensed the patents in 2001 and renewed the deal in 2007 but the license is now expired and it won't pay what Ericsson figures is a FRAND rate although it offered Samsung "many alternative FRAND royalty structures and frameworks" over the last two years.

Ericsson said it "believes it must take action to support a crucial system for technology sharing that has helped create today's mass market communications industry."

The charge is a turnaround for Samsung, which is suing Apple for infringing its FRAND-pledged patent that it can only license on grossly exorbitant terms, which is why Samsung is being investigated for so-called FRAND abuse by regulators in both the US and Europe.

However, it seems that Ericsson now finds itself in kind of the same situation as Apple. According to FOSS Patents, Samsung has refused to license its patents to Ericsson on FRAND terms.

Ericsson says "Upon information and belief, Samsung refuses to license Ericsson...any declared standard-essential patents that it owns in an effort to compel Ericsson to license its patent portfolio at a small fraction of the rates that its competitors pay. This position violates Samsung's FRAND commitment."

It is a charge FOSS Patents believes Apple will use in court to complain about its treatment by Samsung and how the Korean company wants to buy FRAND patent rights low and sell them high.

Not all the patents Ericsson wants Samsung to license are standards-essential. The rest, it says, cover patented Ericsson inventions that are frequently implemented in wireless and consumer electronics products.

Ericsson says it's helped create the mobile telephone system by contributing hundreds of its inventions to standard bodies in exchange for a fair royalty and has signed more than 100 license agreements with all major players in the industry.

In 2011 alone, it goes on, it spent $5 billion on R&D that resulted in hundreds of patented inventions that are essential to the standards that drive global communications such as GSM, GPRS, EDGE, WCDMA, LTE and 802.11.

It pointed out that it has one of the strongest patent portfolios in the industry with more than 30,000 patents worldwide and that it's "committed to licensing its standard-essential patents on Fair, Reasonable and Non-Discriminatory (FRAND) terms for the benefit of the industry."

Ericsson's chief intellectual property officer Kasim Alfalahi said in a statement that "By the end of 2012 there will be approximately 6.6 billion mobile subscriptions in the world. The sharing of technology in the telecom industry is one of the main drivers behind this development. The telecom ecosystem builds on fair and reasonable terms that have created an attractive global mass market for mobility and broadband with Ericsson as a main contributor."

Happily for Ericsson, which is seeking an injunction, its US headquarters is located in the Eastern District of Texas.

FOSS Patents says Ericsson filed two suits in Texas, one for infringement, the other on FRAND contract claims along with a demand for performance.

It wants the court to say FRAND pledges are an enforceable contract and that Samsung's refusal to license its SEPs on FRAND terms is a breach of that contract.

It wants damages for the breach of contract. And it wants the court to "enter an injunction enjoining Defendants, and all others in active concert with Defendants, from enforcing any patent claim that Samsung Electronics contends or has alleged in any context is necessary to implement a standard adopted by an industry standard-setting group" and it wants the court to "enter an injunction requiring Defendants, and all others in active concert with Defendants, to license any patent claim that Samsung Electronics contends or has alleged in any context is necessary to implement a standard adopted by an industry standard-setting group on fair, reasonable, and non-discriminatory terms to Ericsson."

See www.fosspatents.com/2012/11/new-ericsson-lawsuits-against-samsung.html.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


@MicroservicesExpo Stories
While DevOps most critically and famously fosters collaboration, communication, and integration through cultural change, culture is more of an output than an input. In order to actively drive cultural evolution, organizations must make substantial organizational and process changes, and adopt new technologies, to encourage a DevOps culture. Moderated by Andi Mann, panelists will discuss how to balance these three pillars of DevOps, where to focus attention (and resources), where organizations m...
of cloud, colocation, managed services and disaster recovery solutions, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. TierPoint, LLC, is a leading national provider of information technology and data center services, including cloud, colocation, disaster recovery and managed IT services, with corporate headquarters in St. Louis, MO. TierPoint was formed through the strategic combination of some of t...
Dave will share his insights on how Internet of Things for Enterprises are transforming and making more productive and efficient operations and maintenance (O&M) procedures in the cleantech industry and beyond. Speaker Bio: Dave Landa is chief operating officer of Cybozu Corp (kintone US). Based in the San Francisco Bay Area, Dave has been on the forefront of the Cloud revolution driving strategic business development on the executive teams of multiple leading Software as a Services (SaaS) ap...
Today, the demand for new applications is growing at an unprecedented rate throughout lines of business and across industries. Customer expectations for mobile and e-commerce capabilities are transforming software development speed and quality into a competitive differentiator for even the most unlikely businesses. For existing software development shops, the proliferation of platforms, increasing need for total global uptime, and accelerating pace of industry disruption by fast-paced startups h...
SYS-CON Events announced today that Vicom Computer Services, Inc., a provider of technology and service solutions, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. They are located at booth #427. Vicom Computer Services, Inc. is a progressive leader in the technology industry for over 30 years. Headquartered in the NY Metropolitan area. Vicom provides products and services based on today’s requirements...
Change becomes the central principle of today’s enterprises, and thus business agility becomes the most important characteristic our organizations must exhibit. Agile Architecture lays out a best practice approach for achieving this agility – and thus drives and coordinates the other revolutions, as both digital and DevOps are about being able to deal with change better as well.
The 5th International DevOps Summit, co-located with 17th International Cloud Expo – being held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA – announces that its Call for Papers is open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the...
Thought experiment: let’s say your app gets a message from somewhere, perhaps from another app, but you don’t know from where. The message contains the number 47 but no other information. What should your app do with the message? The answer: nothing. There’s no way for your app to make any sense out of a single datum with no context, no additional information or metadata about the datum itself. Now, let’s scale up this thought experiment to a data lake. There are a few common definitions o...
What exactly is a cognitive application? In her session at 16th Cloud Expo, Ashley Hathaway, Product Manager at IBM Watson, will look at the services being offered by the IBM Watson Developer Cloud and what that means for developers and Big Data. She'll explore how IBM Watson and its partnerships will continue to grow and help define what it means to be a cognitive service, as well as take a look at the offerings on Bluemix. She will also check out how Watson and the Alchemy API team up to off...
The 17th International Cloud Expo has announced that its Call for Papers is open. 17th International Cloud Expo, to be held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, APM, APIs, Microservices, Security, Big Data, Internet of Things, DevOps and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding bu...
How do you securely enable access to your applications in AWS without exposing any attack surfaces? The answer is usually very complicated because application environments morph over time in response to growing requirements from your employee base, your partners and your customers. In his session at 16th Cloud Expo, Haseeb Budhani, CEO and Co-founder of Soha, will share five common approaches that DevOps teams follow to secure access to applications deployed in AWS, Azure, etc., and the frict...
The concept and subsequent adoption of 'Containerization'' is growing at a rapid speed with the support of almost every other major player in the industry. This concept is much more efficient than the Virtualization which has been a major option for Infrastructure optimization in the past decade. The following factors distinguish a Container from a Virtual Machine. Containers contain Only the Application Specific libraries and binaries. They do not include a guest operating system. Rather ...
Back in 2009 I posted about the “Great Cloud Shakeout” and the coming market consolidation into a few very large clouds. Nearly 5 1/2 years later and it’s about (long past?) time I took another look to see how I did. Back then I predicted that the market would be dominated by “mega CSPs” by the name of Amazon, Google and Microsoft. Note that this was during a period of Cambrian Explosion in the CSP market – it seems like everybody in the hosting business wanted to be a cloud provider....
As we recently previewed (read more about our London PoP in Jesse's post), Blue Box is opening a new Data Center in London, but hadn't announced the provider. Today we're excited to partner with TelecityGroup, whom we've selected as our data center partner in London. We chose their Powergate location, which is one of the U.K.'s most advanced, flexible and energy efficient carrier-neutral data centres. Why does that matter to you? Well, when customers choose Blue Box, they're trusting us with ...
SYS-CON Events announced today that Column Technologies, a global technology solutions company, will exhibit at SYS-CON's DevOps Summit 2015 New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. Established in 1998, Column Technologies is a leader in application performance and infrastructure management for commercial and federal markets. The company is headquartered in the United States, with a diverse and talented team of more than 350 employees around th...
Cloud Expo New York is happening from June 9 - 11. This event brings together the worlds of Cloud Computing, DevOps, IoT, WebRTC, Big Data and SDDC. We hope to see you there-members of the Blue Box team will exhibit in booth 218 next to the DevOps area. Plus, our Chief Product Officer, Hernan Alvarez, will present his talk "The Cloud Has a Down-and-Dirty Lining" as part of the Operations track in the DevOps Summit portion of the event on June 9 at 11 am. Learn more about his session her...
Financial services organizations were among the earliest enterprise adopters of cloud computing. The ability to leverage massive compute, storage and networking resources via RESTful APIs and automated tools like Chef and Puppet made it possible for their high-horsepower IT users to develop a whole new array of applications. Companies like Wells Fargo, Fidelity and BBVA are visible, vocal and engaged supporters of the OpenStack community, running production clouds for applications ranging from d...
ProfitBricks has launched its new DevOps Central and REST API, along with support for three multi-cloud libraries and a Python SDK. This, combined with its already existing SOAP API and its new RESTful API, moves ProfitBricks into a position to better serve the DevOps community and provide the ability to automate cloud infrastructure in a multi-cloud world. Following this momentum, ProfitBricks has also introduced several libraries that enable developers to use their favorite language to code ...
SYS-CON Events announced today Sematext Group, Inc., a Brooklyn-based Performance Monitoring and Log Management solution provider, will exhibit at SYS-CON's DevOps Summit 2015 New York, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Sematext is a globally distributed organization that builds innovative Cloud and On Premises solutions for performance monitoring, alerting and anomaly detection (SPM), log management and analytics (Logsene), search analytics (S...
SYS-CON Events announced today Isomorphic Software, the global leader in high-end, web-based business applications, will exhibit at SYS-CON's DevOps Summit 2015 New York, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Isomorphic Software is the global leader in high-end, web-based business applications. We develop, market, and support the SmartClient & Smart GWT HTML5/Ajax platform, combining the productivity and performance of traditional desktop software ...