Samsung And Apple: No Frands In The Netherlands

On 14 October 2011, the president of the District Court of The Hague denied the injunction sought by Samsung in relation to the alleged infringement by Apple of a number of its patents. The Court held that invoking the patents, essential under the UMTS standard, would constitute an abuse of rights. Under the circumstances of the case, which were not fully disclosed, the Court concluded that Samsung effectively refused to conclude a license on FRAND terms and thereby sought to evade its obligations arising from its participation in a Standard Setting Organisation (ETSI/3GPP) and its own FRAND undertakings. 

Background

Samsung invoked four patents concerning 3G (UMTS) technology against Apple in preliminary relief proceedings. It was not in dispute that these patents are essential under the UMTS standard and therefore also practiced in Apple's iPhone and iPad.