"Apple v. Samsung"
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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.
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...