The European Commission has called for an investigation into Samsung with allegations that Samsung has used FRAND (fair, reasonable, and non-discriminatory) licensing of patents against Apple. If Samsung loses the case, this could potentially force the completely withdrawal of all complaints it has against Apple. According to FOSS Patents, the FRAND patent holder can ask for reasonable compensation but the patent holder isn’t allowed to overcharge or try to kill products as long as the user is willing to sign an agreement.
Apple has filed many countersuits against Samsung and some of those are FRAND related. The European Commission investigation into Samsung was confirmed today. The investigation is looking into patents that Samsung holds that are “essential to wireless communications.” Samsung says that it will cooperate fully with the investigation. A representative for the EC points out that the investigation is standard procedure and not something special in this instance.
Apple is claiming that the licensing fees that Samsung is demanding are exorbitant and unreasonable and if the EC rules this allegation is true Samsung would be in violation of FRAND standards. The patents that are at the center of this case have to do with 3G communications. Samsung and Apple have been fighting patent battles for months now. Samsung has demanded iPhone 4S source code and Apple has forced a sales ban on some Samsung products in Australia and other countries.