After devices banned from sale and failed attempts to ban the sale of iPhone 4S terminals, the Samsung company is now being investigated by the European Commission for the way in which use patents against Apple. More precisely, those from the EC are investigating Samsung for the use of some FRAND patents to obtain a decision banning the sale of iPhone 4S terminals worldwide. This kind of patents are part of a special category because they establish a standard in the industry, a standard that can be used by any company without fear of being sued for its use.
Indeed, Samsung's litigation campaign and other conduct related to its Declared-Essential Patents is so egregious that the European Commission has recently opened an investigation to determine whether Samsung's behavior violates EU competition laws. Apple brings these Counterclaims In Reply to halt Samsung's abuse and protect consumers, the wireless telecommunications industry, and Apple from further injury.
Well, Samsung seems to have abused its patents by suing Apple for using standard technologies in its iDevices and the European Commission has started an investigation to determine what happened and if Samsung will be "fined". Apple complained to a US court about Samsung's abuse and argued that at the moment the European Commission is investigating the Asian company and this could be favorable to them in the process on the American continent. Of course, a decision of the EC will be given in a few months or years, but in principle Samsung could suffer from its actions.
