It’s not exactly news that Apple and Samsung have been battling against each other in Court for several months. In August Samsung lost a $1 billion lawsuit against Apple and they now face further fines of around $15 billion for attempting to get Apple’s products, namely the iPhone and iPad, banned for sale in Europe.
The reason for the attempted ban was to do with standards-essential patents and Samsung’s failure to license theirs under fair and reasonable terms. Standards-essential patents require that the owner license them to all parties who want them for a fee. The fee must be agreed by both parties, if not then the Court will set a reasonable figure. Apple refused to pay what they say was an unreasonable fee and the result was that Samsung requested a ban of the products in Europe. This request was refused by the EC and the resulting fine could be 10% of Samsung’s reported revenue for 2011, a figure of $148.9 billion.
Samsung are not the only company facing fines for this reason. Motorola Mobility, owned by Google, also face a similar fine for trying to get the XBox 360, manufactured by Microsoft, banned in Europe for the same reasons.