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“Samsung v. Apple”

Decision of the Intellectual Property High Court 16 May 2014 – Case No. 2013 (Heisei 25) (ra) 10007 and 10008

A patent proprietor who has made a FRAND declaration for standard patent is estopped from claiming injunctive relief based on the infringement of the standard patent against a third party that complies with the FRAND terms and has been willing to obtain a license.

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Translated from the original by Christopher Heath.

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Samsung Inc. v. Apple Limited Patent Act, Sec. 100; Civil Code, Sec. 1 para. 3. “Samsung v. Apple”. IIC 46, 124–129 (2015). https://doi.org/10.1007/s40319-015-0299-y

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Keywords

  • Standard patent
  • FRAND declaration
  • Willing licensee
  • Injunctive relief