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Samsung Drops Action to Block Apple in Europe Samsung Ends Its Push for a European Sales Ban on Some Apple Products
(about 1 hour later)
PARIS — Samsung said Tuesday that it had dropped its request for a ban on sales of certain Apple phones and tablet computers in Europe, a sharp tactical turn in a patent war that the companies have been fighting on multiple fronts around the world. Samsung said on Tuesday that it had dropped its request for a ban on sales of certain Apple phones and tablet computers in Europe, a sharp tactical turn in a patent war that the companies have been fighting on multiple fronts around the world.
Samsung, the South Korean electronics giant, had been seeking injunctions in a number of countries, including Britain, France, Germany, Italy and the Netherlands, contending that Apple, Samsung’s biggest rival in the smartphone market, had infringed on Samsung patents. Samsung, the South Korean electronics giant, had been seeking injunctions in several countries, including Britain, France, Germany, Italy and the Netherlands, contending that Apple, Samsung’s biggest rival in the smartphone market, had infringed Samsung patents.
The move came only a day after a ruling in a related case in San Francisco, where a U.S. District Court judge rejected a request by Apple, which is based in California, for an injunction to block sales of certain Samsung devices. The decision followed a previous jury ruling that Samsung had violated Apple patents. The move came only a day after a ruling in a related case in San Francisco, where a Federal District Court judge rejected a request by Apple, which is based in California, for an injunction to block sales of certain Samsung devices. The decision followed a previous jury ruling that Samsung had violated Apple patents.
After the latest twist in the European case, Samsung said it had acted “in the interest of protecting consumer choice.” Analysts said other factors might have been in play, including a possible nudge from the European Commission.After the latest twist in the European case, Samsung said it had acted “in the interest of protecting consumer choice.” Analysts said other factors might have been in play, including a possible nudge from the European Commission.
In January, the commission opened a formal antitrust investigation of Samsung’s terms for licensing patents covering wireless technologies. Under a previous agreement, Samsung had pledged to make the patents available to competitors on “fair, reasonable and nondiscriminatory” terms. In January, the commission opened a formal antitrust investigation into Samsung’s licensing terms for patents covering wireless technologies. Under a previous agreement, Samsung had pledged to make the patents available to competitors on “fair, reasonable and nondiscriminatory” terms.
“The scope of what was withdrawn precisely matches the area in which the European Commission has been investigating,” said Florian Müller, a patent consultant in Germering, Germany. “It’s not just that the plot is thickening; in my view, there can be no other plausible view than that there is pressure from Brussels.”“The scope of what was withdrawn precisely matches the area in which the European Commission has been investigating,” said Florian Müller, a patent consultant in Germering, Germany. “It’s not just that the plot is thickening; in my view, there can be no other plausible view than that there is pressure from Brussels.”
The commission had said previously that it was concerned about possible abuse of patents like the ones at issue in the Apple-Samsung injunction request, those covering technologies needed for a device to function. Without some of these “standard essential patents” from Samsung, for example, phones cannot connect to high-speed wireless networks. The commission previously said that it was concerned about possible abuse of patents like the ones at issue in the Apple-Samsung injunction request, which cover technologies needed for a device to function. Without some of these “standard essential patents” from Samsung, for example, phones cannot connect to high-speed wireless networks.
“Regulators have been saying, if the patent holders try to abuse these patents, then they are going to get in trouble,” Mr. Müller said.“Regulators have been saying, if the patent holders try to abuse these patents, then they are going to get in trouble,” Mr. Müller said.
The commission declined to comment directly on whether there might be a link between Samsung’s announcement Tuesday and the antitrust case in Brussels. “We take note of this development,” said Antoine Colombani, the spokesman for the E.U. competition commissioner, Joaquín Almunia. “Our investigation is ongoing.” The commission declined to comment directly on whether there might be a link between Samsung’s announcement on Tuesday and the antitrust case in Brussels. “We take note of this development,” said Antoine Colombani, the spokesman for the European competition commissioner, Joaquín Almunia. “Our investigation is ongoing.”
Samsung, meanwhile, said it could not comment on the proceedings. It said it was “fully co-operating with the European Commission.” Samsung said that it could not comment on the proceedings but that it was “fully cooperating with the European Commission.”
“Samsung remains committed to licensing our technologies on fair, reasonable and nondiscriminatory terms, and we strongly believe it is better when companies compete fairly in the marketplace, rather than in court,” it said in a statement.“Samsung remains committed to licensing our technologies on fair, reasonable and nondiscriminatory terms, and we strongly believe it is better when companies compete fairly in the marketplace, rather than in court,” it said in a statement.
There has been speculation that Samsung and Apple have been in talks to try to reach a settlement, though the broad scale of the litigation between the two companies, with lawsuits seeking sales bans or damages continuing on several continents, could make that challenging. There has been speculation that Samsung and Apple have been in talks to reach a settlement, though the broad scale of the litigation between the two companies, with lawsuits seeking sales bans or damages continuing on several continents, could make that challenging.
“We cannot comment on details of ongoing legal proceedings, but we believe a commercial resolution is achievable,” Samsung said in a statement.“We cannot comment on details of ongoing legal proceedings, but we believe a commercial resolution is achievable,” Samsung said in a statement.
Alan Hely, a spokesman for Apple, declined to comment.Alan Hely, a spokesman for Apple, declined to comment.
The announcement by Samsung does not end litigation between the two companies in Europe. Samsung said it planned to pursue lawsuits seeking damages from Apple for what it contends is patent infringement. The announcement by Samsung did not end litigation between the two companies in Europe. Samsung said it planned to pursue lawsuits seeking damages from Apple for what it contends is patent infringement.
Apple and Samsung have also been battling over other patents, covering nonessential features of their devices, like design.Apple and Samsung have also been battling over other patents, covering nonessential features of their devices, like design.
Apple, too, has previously secured bans on the sale of certain Samsung products. Last year, for example, a court in Düsseldorf ruled that Samsung could not sell one of its Galaxy tablet devices in Germany because it bore too close a resemblance to the iPad 2 from Apple.Apple, too, has previously secured bans on the sale of certain Samsung products. Last year, for example, a court in Düsseldorf ruled that Samsung could not sell one of its Galaxy tablet devices in Germany because it bore too close a resemblance to the iPad 2 from Apple.
While some analysts cited regulatory pressure as a possible reason for Samsung’s decision Tuesday, others said the company might have decided that the lawsuits were simply a distraction. Samsung’s phones, especially its Galaxy S3, have been selling well. While some analysts cited regulatory pressure as a possible reason for Samsung’s decision on Tuesday, others said the company might have decided that the lawsuits were simply a distraction. Samsung’s phones, especially its Galaxy S3, have been selling well.
In the third quarter, the S3 surpassed the iPhone 4S to become the world’s best-selling smartphone, according to Strategy Analytics, a research firm.In the third quarter, the S3 surpassed the iPhone 4S to become the world’s best-selling smartphone, according to Strategy Analytics, a research firm.
“Maybe the market was telling them that they were succeeding and their time was better spent promoting sales of their product,” said Charles Golvin, an analyst at Forrester Research.“Maybe the market was telling them that they were succeeding and their time was better spent promoting sales of their product,” said Charles Golvin, an analyst at Forrester Research.
James Kanter contributed reporting from Brussels.

James Kanter contributed reporting.