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Wednesday, 23 November 2011 13:05

EU claims that Apple and Samsung are abusing patents

Written by Nick Farell

eu

We dont wan't your sort of wars around here

The EU says that Apple's cunning plan to remove competition by patent trollage is almost as bad as Samsung's defence.

EU antitrust chief, Joaquin Almunia has requested details on the companies' patents earlier this month to determine if they're being used to compete by unfairly preventing others from using standard technology. "Standardization and IP rights are two instruments that, in this new IT sector, can be used as a tool to abuse," Almunia said.

But the chief made it clear that Apple and Samsung present only one case where IP rights can restrict competition. While the Commission hasn't yet done anything more than request information, eliciting that sort of statement from its antitrust chief will make Apple and Samsung shiver a bit.

Apple should be particularly worried. Steve Jobs publicly said that he wanted to declare “thermonuclear war” on Google for creating Android and spoiling his iPhone party. Any EU anti-trust action might see Samsung as having to act defensively against Apple agression.


Last modified on Wednesday, 23 November 2011 13:39

Nick Farell

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Comments  

 
+10 #1 fuadzilla 2011-11-23 13:22
good. apple should be fined for antitrust behaviour.
 
 
-2 #2 robert3892 2011-11-23 13:55
The EU can state what it wants but the reality is that if there are any EU patents involved those are covered by EU law. USA software patents doesn't extend outside its territories into the EU. Apple could effectively use EU courts against the EU itself if they attempt to break their own laws. that is one scenario of many that Apple could use if needed.
 
 
0 #3 Jermelescu 2011-11-23 14:10
want***********
 
 
+6 #4 Sodomy 2011-11-23 14:56
Quoting robert3892:
The EU can state what it wants but the reality is that if there are any EU patents involved those are covered by EU law.


unfairly preventing others from using standard technology. Most contries have some sort of clause like this when dealing with IP. if the technology has become 'standard' or if enforcing the patent is detrimental to society the protections can be thrown out the window.

an example of this is Apples patent on the touch screen interface, if that ever went to court it would be thrown out, as PDAs where arround years before the ipod/phone.
 
 
+1 #5 pogsnet 2011-11-24 08:19
The US of A is spoiling the Apple, it was their fault.
 
 
0 #6 robert3892 2011-11-24 09:48
Quoting pogsnet:
The US of A is spoiling the Apple, it was their fault.

Well Apple started this type of patent war when Samsung too closely modeled their tablet version after the Ipad. If they had designed it with different dimensions and a different UI Apple probably would never have bothered them
 

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