Ericsson on Tuesday filed a lawsuit in the United States against Samsung for infringing its patents, after nearly two years of negotiations failed to reach an agreement.

The dispute concerns both Ericsson's patented technology that is essential to several telecommunications and networking standards used by Samsung's products as well as other of Ericsson's patented inventions that are frequently implemented in wireless and consumer electronics products. Ericsson has concluded that it has no option other than legal action after negotiations have not been successful since Samsung has refused to take a license on FRAND  (Fair, Reasonable and Non-Discriminatory) terms.

Ericsson said that despite nearly two years of negotiations involving the most senior management of both companies, Samsung refused to renew its license to Ericsson's industry leading portfolio of telecommunications patents on the same ("FRAND") terms that its competitors have previously accepted.

Samsung previously licensed Ericsson's patents in 2001 and renewed in 2007, but its license has now expired.  Ericsson has extended an offer to Samsung to renew the license during negotiations that have lasted nearly two years. These negotiations have not been successful since Samsung has refused to take a license on FRAND terms.

"Ericsson has over 30,000 patents and more than 100 license agreements with all major players in the industry. Ericsson has tried long and hard to amicably come to an agreement with Samsung and to sign a license agreement on FRAND terms. We have turned to litigation as a last resort," says Kasim Alfalahi, Chief Intellectual Property Officer at Ericsson.

The complaint is filed in the District Court for the Eastern District of Texas, USA, which is the district where Ericsson's US headquarters is located.