updated 11:40 pm EDT, Tue March 19, 2013
Filing calls Ericsson a patent troll trying to extort licenses
In late 2012, Ericsson filed two complaints against Samsung, alleging patent violation by the Korean manufacturer. Late Monday afternoon, Samsung has responded to Ericsson's court filing with counterclaims of its own -- in addition to calling Ericsson a patent troll, Samsung is asserting eight patents in what is likely a defensive lawsuit.
In its inflammatory filing, Samsung said that "Ericsson has recently jettisoned its mobile phone business and it now feels unhinged as a non-practicing entity in the mobile phone market to extort vastly unreasonable and discriminatory license fees from Samsung under threat of product exclusion resulting from a simultaneously filed complaint in the U.S. International Trade Commission ('ITC'). Ericsson's misguided actions epitomize the patent 'hold up' problem that has been the recent subject of wide discussion within standard-setting organizations and other authorities around the globe."
The patents being asserted against Ericsson are U.S. Patent No. 6,147,385 on "CMOS Static Random Access Memory Devices", U.S. Patent No. 6,777,812 on "Semiconductor Devices Having Protected Plug Contacts And Upper Interconnections", U.S. Patent No. 8,031,688 on "Partitioning Of Frequency Resources For Transmission Of Control Signals And Data Signals In SC-FDMA Communication Systems", U.S. Patent No. 8,139,550 on an "Apparatus And Method For Transmitting ACK/NACK Messages In A Wireless Communication System", U.S. Patent No. 8,169,986 on a "Method And Apparatus For Transmitting And Receiving System Information In A Mobile Communication System", U.S. Patent No. 8,179,780 on a "Method And Apparatus For Transmitting And Receiving Control Information To Randomize Inter-Cell Interference In A Mobile Communication System", U.S. Patent No. 8,379,738 on "Methods And Apparatus To Improve Performance And Enable Fast Decoding Of Transmissions With Multiple Code Blocks", and U.S. Patent No. 8,386,878 on "Methods And Apparatus To Compute CRC For Multiple Code Blocks"
Samsung is alleging that Ericsson is violating standards-essential licensing requirements, and standing in breach of contract, but it not asking the court to set a fair, reasonable, and nondiscriminatory licensing rate as of yet. The patents at stake are in addition to the seven 4G and LTE patents being asserted against Ericsson in its US International Trade Commission complaint.