EPLAW PATENT BLOG

JP – Samsung v. Apple / FRAND / abuse of right

Posted: June 25th, 2014

MiyamuraIn the recent Samsung v. Apple case the Intellectual property high court on May 16, 2014 determined that the enforcement of a FRAND pledged patent right -with a claim of damages- did not constitute an abuse of right if the amount of damages claimed is within the scope of the license fee, by Miyamura Daisuke, patent attorney at OHTSUKI Patent Law Firm, Japan

A series of lawsuits regarding smart phones between Apple Corporation and Samsung Corporation are being fought all over the world.  In Japan, Apple Corporation has filed suits against Samsung Corporation 4 times and Samsung Corporation has filed suits against Apple Corporation 3 times.  Of these lawsuits, the court decision of the lawsuit Samsung filed for the prohibiting provisional disposition and the court decision of the declaratory judgment action Apple Corporation filed for the court decision admitting that Samsung didn’t have the right to damages were given by the grand bench of Intellectual property high court on May 16, 2014

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