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Samsung has already sued Apple over patent infringements and now they're attempting to get a full out ban of iPhones and 3G iPads in the Netherlands. They've sued Apple on infringement of four patents and not only want a ban but a full retail recall of any device that uses 3G technology.

The patents involved are standards-essential patents. They are incorporated as internationally excepted standards and the patent holder (Samsung) is obligated to grant licenses to third parties. Florian Mueller, an active patent consultant, believes that an injunction won't happen unless Apple refuses to pay up if royalties are owed to Samsung.

“Should it turn out that Apple entered the market without taking licenses to essential patents, then that’s indefensible and Apple should pay,” ..."However, it doesn’t justify an abuse of standards-essential patents. Asking for an injunction is an abuse unless the request for the injunction is limited to the scenario in which the defendant doesn’t accept to pay FRAND royalties.”

Samsung may be growing more aggressive with Apple due to the fact that Apple has taken some of their display business elsewhere. Apple was Samsung's number two customer last year so that could have a lot to do with why Samsung hasn't filed patent suits in the past.

But at the end of the day Apple will probably just pay the royalties if ordered to and there will still be iPhones and iPads equipped with 3G for all.

Macworld