In the Netherlands, a court on Friday dismissed injunctions requested by Samsung against Dutch sales of the iPhone (s aapl) and 3G iPad (via webwereld.nl). The requests were denied because the court found that license offered by Samsung to Apple for the patents in question could not be considered reasonable.
The four patents Samsung used to request the injunctions are considered essential under EU patent regulations, which means that Samsung must offer fair, reasonable and non-discriminatory (FRAND) licensing terms to its competitors for use of those patents. The patents at issue are related to 3G and UMTS technologies for use in smart phones and mobile devices.
The judge in the hearing found that Samsung requires too much money per each 3G chip in licensing fees from other hardware makers for the terms to be considered reasonable. Apple’s lawyers in the case had previously let slip that Samsung wanted 2.4 percent of the price of every chip per patent it holds.
Samsung had argued that Apple had plenty of time to negotiate a reasonable fee for the patents in question, but had failed to do so, and so an injunction was now in order. However, the judge said that further attempts by Samsung to secure a ban at this stage constituted “abuse” of its rights. Instead, the court has ordered Apple and Samsung to continue negotiations with the aim of reaching a licensing agreement that truly complies with the FRAND requirement.
This is another bad day in a bad week for Samsung. Earlier, an Australian judge agreed to an injunction request made by Apple against the Galaxy Tab 10.1 in Australia, and on Thursday a California court said that Samsung’s designs did appear to infringe upon Apple-held patents.