The mobile patent back and forth continues with Samsung’s reply to Ericsson’s patent suit filed in the Eastern District of Texas in November this year. Samsung has filed a complaint with the ITC (International Trade Commission), claiming that Ericsson has infringed on seven of the South Korean company’s patents.
With the complaint Samsung is attempting to have Ericsson devices that allegedly infringe on their patents banned from import and sale in the United States.
This springs from failed negotiations over patent license agreements. Samsung has claimed that Ericsson’s licensing fee is too high, saying in a statement “We have sought to negotiate with Ericsson in good faith. However, Ericsson has proven unwilling to continue such negotiations by making unreasonable claims, which it is now trying to enforce in court. Under such circumstances, we have no choice but to take the steps necessary to protect our company.”
Ericsson said, when their legal action against Samsung was announced, that “Ericsson has over 30,000 patents and more than 100 license agreements with all major players in the industry. Ericsson has tried long and hard to amicably come to an agreement with Samsung and to sign a license agreement on FRAND terms. We have turned to litigation as a last resort.”