Samsung could be facing $15 billion fine for using standard essential patents to litigate Apple

jassim ahmedDecember 28, 2012

In a report concurrent with the ongoing battle between Apple and Samsung, the latter may soon face fines of up to $15 billion for using patents that have been incorporated into varios standards against Apple. Specifically, Samsung attempted to sue Apple based on patents that are essential to the 3G standard, which Apple conforms to. The Guardian reports:

Samsung, by contrast, has frequently tried to use its SEPs, which differ from the patents asserted by Apple in that they are only included in a standard such as 3G if the owner makes a formal commitment to license them to allcomers on a “fair, reasonable and non-discriminatory” basis.
If the licenser and licencee cannot agree on pricing, it is set by a court. The commission noted that Apple had offered to make a payment, but that the two sides differed on the sums involved.

The fines issued by the European Commission is able to fine Samsung up to 10% of their yearly global revenue of $148 billion in 2011. Chances are the payment wont be quite that high, but they will be hefty no doubt.
This comes at quite a good time for Apple, since the company has been in a stock slump recently, slipping from $700 per share to just over $500 in a matter of weeks. Stay tuned for any more news relating to these fines. Do you think Samsung should have to pay up for trying to use their SEPs to sue Apple?