"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.
"The compensation we are seeking from Samsung is fair, reasonable and non-discriminatory based on Samsungs expanded use of our patented technology around the world. It is reasonable that as they benefit more from our innovations, we should be compensated accordingly," said Ericsson spokesman Fredrik Hallstan in an email.
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.
Correction: This article as originally posted incorrectly stated that Ericsson makes phones. The story has been amended.