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.

Abstract


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


Volltext:

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