Is Apple Untouchable in German Courts?

After failing to win injunctions in German courts against smartphone rival Apple (NASDAQ:AAPL) over alleged 3G SEP (standards essential patent) infringement, Samsung is trying its hand at suing Apple for damages. The 3G SEP in question is a patented data transmission method that is supposedly used in violation of patent by German Apple carriers.

As reported by Foss Patents, Samsung has already had three lawsuits against Apple thrown out because the lawsuits were seeking sales embargoes of Apple products which the European Commission considered anticompetitive and illegal. In fact, even after Samsung unilaterally withdrew its lawsuits, it was still hit with a Statement of Objections by an EU regulator who contended Samsung was abusing the patent system. In all these cases, Apple has argued that Samsung is failing to “negotiate a license in good faith adhering to Fair, Reasonable and Non-Discriminatory (FRAND) principles” for its 3G SEP…