New Decisions on Patent Law

Christopher Heath

Empfohlene Zitierweise: C. Heath, New Decisions on Patent Law, in: ZJapanR / J.Japan.L. 40 (2015) 285–298.


Patent Act sec. 100, Civil Code sec. 1 par. 3 –
“Samsung v. Apple – Standard patent and abuse of rights”

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.

Intellectual Property High Court, decision of 16 May 2014

Samsung v. Apple



Patent Act sec. 102 –
“Apple v. Samsung – Standard patents and damage claim”

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.

Intellectual Property High Court, decision of 16 May 2014

Apple v. Samsung


 Für die Beiträge der jeweils vier letzten Ausgaben der Zeitschrift stehen nur Abstracts zur Verfügung.