Apple v Samsung: enforcing a standards-essential patent after a FRAND declaration
This is an Insight article, written by a selected partner as part of IAM's co-published content. Read more on Insight
Apple and Samsung, the two leading global manufacturers of smartphones, have been at war worldwide regarding the patents in their smartphone and tablet devices. In Japan, the two companies have taken various types of legal action against each other: according to media reports, as of June 2013 six suits and 17 provisional disposition cases were outstanding between them, and three cases had been adjudicated (of these, Apple won two and lost one). This chapter looks at one such case, adjudicated by the Tokyo District Court on February 28 2013 (Case 38969 (wa), 2011), which is significant for IP practice in Japan.
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