We had only just reported that Samsung had plans to take a more aggressive approach to the ongoing legal battles with Apple, and true to their word Samsung has recently launched an offensive against Apple in the Netherlands where they are seeking the ban of Apple’s smartphones and tablets.
If you’re wondering why that scenario sounds oddly familiar, it’s because it was only in August where Apple had filed an injunction against Samsung seeking to halt the sales of Samsung’s Galaxy Tab 10.1 tablet. As we had mentioned earlier, while Apple is claiming design patent infringement, Samsung will be basing their patent infringement lawsuit on whats inside Apple’s products.
Samsung’s patents relate to 3G mobile networking technologies, and the technology that governs the transfer rate of data to mobile devices over a cellular network. These technologies apparently belong to Samsung of which Apple has been “free-riding” all this while. Samsung is seeking a ban of sale for the entire line of iPhones and Apple’s 3G iPads along with $1 million in penalties for each violation of the ban.
These patents held by Samsung are considered to be “essential” patents, which means that Samsung cannot withhold it from a rival and must provide it to them given reasonable terms, at least that’s according to the European regulations. What this means is that Apple has a chance to get out of this relatively unscathed if they are able to come to terms with Samsung on a appropriate licensing fee come this Monday at a special session requested by Apple’s lawyers.