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"Apple v. Samsung"

Decision of the Intellectual Property High Court 16 May 2014 – Case No. 2013 (Heisei 25) (ne) 10043
  • Apple Limited v. Samsung Inc. Patent Act, Sec. 102
Decision • Patent Law Japan

Once a patentee has agreed that its patent is used for a standard on FRAND terms, damages against third parties can only be claimed in the amount of a licensing fee according to FRAND terms. This does not apply where the third party has not made efforts to obtain a license on FRAND terms.

Facts:

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1. Outline of the case

In the case at issue, the plaintiff (Apple Limited) requests that it be ascertained that the defendant (Samsung Inc.) is not entitled to damages and injunctive relief. More specifically, the plaintiff claims that the manufacture, sale and importation of the plaintiff’s products do not infringe the defendant’s patent No. 4642898 (hereinafter “the patent”) with the title: “Process and device for sending and receiving certain packet data with predetermined length indication in a system of mobile communication”.

The first instance court has granted the claim in all respects also for the products 2 and 4 that fall inside the claim of the patent (while products 1 and 3 fall...

Keywords

Standard patent FRAND declaration Willing licensee Damages (yes) Amount of licensing fee 

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2015

Authors and Affiliations

  • Apple Limited v. Samsung Inc. Patent Act, Sec. 102

There are no affiliations available

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