PookiePrancer
Well-known member
- Jul 17, 2010
- 1,110
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You really need to learn how to read. If Samsung sues apple over SEPs, they will find themselves in a great deal of trouble. Patents for LTE are bundled, a la H.264, and there is no way for samsung (if they even hold any LTE patents that are a part of the standard) to sue without violating antitrust law.
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First, you said you "knew" that Samsung's LTE patents were SEPs; now you're saying "if they even hold any LTE patents....," which means you don't know. Which was my point: if they're not part of a standard, and Apple uses them, Samsung can certainly sue. Even if they are SEP, that doesn't mean they're free to use. Samsung cannot stop Apple from using them; they're essential, after all, and you can't pick and choose who will be able to implement LTE through your patents. As the patent holder, however, you are entitled to compensation. SEP doesn't mean they're free. If Apple uses any of Samsung's patented technology in their products, essential though it may be, they'll have to pay. If they don't, Samsung can, and will sue, and they won't get in trouble for it UNLESS they use the patents to keep Apple from implementing LTE...that's a no-no.
The H.264 standard is free only because the rights-holder made it so. Originally, they planned on...collecting royalties for its use.