"In those negotiations, Samsung has made multiple offers to Ericsson. While those offers apparently do not include enough money for Ericsson, they do reflect a vast and principled increase in licensing revenue from Samsung to Ericsson over the prior two licenses combined," Samsung said, adding that this could not be characterized as a "refusal to negotiate."
"Ericsson's suggestion that the ITC could and should enter the business of setting unilateral FRAND royalty rates, on a portfolio-wide basis, for patent licensing companies like Ericsson -- thus encouraging unwarranted SEP litigation in the ITC -- is wrong," Samsung said, referring to an earlier Ericsson filing.
The proper cause of action should be for Ericsson to terminate its SEPs from the ITC case, Samsung said.
Ericsson did not immediately respond to a request for comment.
Loek is Amsterdam Correspondent and covers online privacy, intellectual property, open-source and online payment issues for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to email@example.com