A Dutch court has lifted the order it granted LG two weeks ago that saw some 300,000 European PlayStation 3 consoles seized.
The estimated customs value of the seized consoles was €43 million, reports Foss Patents. All seized consoles must now be released, and LG has been ordered to pay costs of €130,000, and an additional €200,000 for every day that it fails to do so.
As we reported yesterday, LG and Sony are embroiled in a bitter legal wrangle on both sides of the Atlantic concerning patent infringements. The two firms were in negotiations to settle a variety of licensing issues late last year, but when talks failed, they sprang into action.
It was this history of negotiations that prompted yesterday’s decision at a court in The Hague, with the court ruling that the seizure order be lifted because it seemed unfair given the two parties’ history of negotiations.
While the order has been lifted, and LG has been ordered to notify the Dutch authorities that there will be no further seizures, this is far from the end of the matter. While Sony is free to resume its normal European distribution activities, there is still a full legal hearing due to determine whether there is an infringement, with Sony facing a hefty royalties bill.
LG is seeking a patent royalty of between $2.50 and $2.55 per Blu-ray device sold. It estimates it is already owed between $150 milion and $180 million, and is reportedly asking for a bank guarantee of over $350 million to cover the existing royalties as well as any due in the future.
The case itself will be heard later this year, with proceedings set to start on November 18.
Source: Foss Patents