New Decisions on Patent Law

Autor*innen

  • Christopher Heath

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

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Veröffentlicht

2015-12-08

Zitationsvorschlag

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

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