PATENT WAR : SAMSUNG SEEMS RESIGNED TO MAKE CONCESSIONS TO COMMISSION.

Samsung, one of the most aggressive mercenaries in the patent war, seems to be willing if not to surrender at least to change its strategy in the face of the EU's determination. It has submitted new commitments to correct its anti-competitive practices, the European Commission has announced.

In January 2012, the EU executive opened an in-depth investigation to determine whether the South Korean manufacturer was abusing its essential technology patent rights related to mobile and wireless communications. At issue were the applications for injunctive relief submitted by Samsung in several member states over more than a two-year period to challenge licences obtained by Apple, for payment, on the tablet and multifunction phone market. Samsung holds patents that are essential to a technology standard - 3G-UMTS of the European Telecommunications Standards Institute (ETSI) - and consequently agreed to issue licences to competitors on a fair, reasonable and non-discriminatory (FRAND) basis. While it is legitimate for a manufacturer to lodge a complaint for infringement of patent, the repeated use of complaints against competitors who have been licensed to use the standard is an abusive practice in the case of essential patents.

In December 2012, the Commission, convinced that Samsung was abusing its dominant position, presented its statement of objections to the firm. Based on Samsung's turnover in 2011, the bill could come to nearly 9.3 billion, enough to make the Korean telecoms giant think twice. And indeed, in June it submitted undertakings to the EU executive. The Commission did not find them satisfactory, however, and Samsung then presented new proposals that appear "more appropriate," commented Competition Commissioner Almunia in late September, during a trip to the United States. He did not reveal the content of the proposals, but informed sources are saying that Samsung has pledged to make legally binding the licensing of competitors that have no choice...