Germany’s Federal Patent Court Rules in Apple’s Favor and Invalidates Samsung Wireless Standard-Essential Patents (SEPs)

Germany’s Federal Patent Court (GFPC) ruled in favor of Apple

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Wenesday when it invalidated the German part of Samsung’s European Patent Specification, “turbo encoding/decoding device and method for precessing frame data according to QoS” (EP1005726, including proposed amendments), which Samsung stated was essential for UMTS, the 3G wireless standard.

As is the case in most of these rulings, Samsung has the opportunity to appeal the decision to the German Federal Court of Justice. Samsung has sought injunctions against Apple over this, as well as other numerous SEPs.

In 2012, a Statement of Objections (SOs) was issued by the European Commission which stated “the pursuit of injunction relief against Apple, a willing licensee, was abusive conduct“. This SO was enough to cause Samsung to withdraw all of its European SEP injunctions against Apple, but not enough to keep them from suing for damages/injunction for non-SEPs.

This ruling comes merely one week after the GFPC invalidated an Apple slide-to-unlock patent. Of course, Apple is not taking this ruling lying down, and is also making attempts to appeal it, but more than likely will not be successful if the GFPCs reaction to past appeals are any indication.

Source: Foss Patents

 

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