Skip to comments.Japanese court rules Samsung abused FRAND patents against Apple
Posted on 05/19/2014 3:05:38 AM PDT by Swordmaker
Apple made legal progress in its battle with Samsung over patents in Japan this week when the Tokyo District Court ruled that Samsung had indeed illegally abused its Standards Essential Patents to demand a sales ban and excessive royalties against the iPhone maker.
Samsung had sought to use its patents related to the 3GPP mobile standard to win significant royalties against Apple, in addition to an injunction against sales of iPhone 4, in a Japanese case similar to the one the South Korean firm brought against Apple via the U.S. International Trade Commission (a case that was vetoed by the Obama Administration).
In Europe, Samsung was similarly blocked from seeking sales bans against competitors in cases that involved a Standards Essential Patent (SEP) following an E.U. investigation into the company's behavior.
In Japan, Samsung's parallel efforts to leverage a patent obtained during the development of open standards and then weaponize it against its competitors has now been shot down in a major policy ruling on the abuse of SEPs in that country.
Samsung's anticompetitive patent abuse, in three ways
Last year, Japanese courts found Samsung had abused SEPs in three ways. First, by failing to honor its duty under Japanese Civil Code to negotiate with licensees in good faith, given that its SEPs were created under a commitment to offer other firms licensing under Fair, Reasonable and Non Discriminatory (FRAND) terms.
Second, the court determined that Samsung had declared its "E-bit patent" to be essential to practicing the 3GPP mobile standard, but then subsequently attempted to win a preliminary sales injunction against Apple with that patent. Courts worldwide have recognized that sales bans are in inappropriate remedy in SEP cases where the two parties are simply negotiating a FRAND license.
Third, the court found that Samsung did not disclose its E-bit patent to the ETSI standards body until about two years after its 3GPP working group adopted the "invention" claimed by Samsung in its patent as part of its standard that any phone manufacturer would have to license in order to make a functional device.
Apple wins again in landmark Japanese decision
Following the original decision, Japan's court of appeals convened a "Grand Panel" to hear the case, which involved two hearings and called for public comment. A total of 58 amicus briefs were submitted for the court to consider, which the court described as "valuable and informative" in making its ruling.
The court agreed that Samsung had no right to demand a sales injunction, and struck down company's efforts to win "excess royalty" against Apple, ruling instead to cap Samsung's licensing demand to 9.9 million Yen ($95,000 U.S.) for the patent, which is inline with what Apple had expected to pay as a FRAND licensee."Samsung has recklessly ignored intellectual property rights around the world" - Apple
Apple's Japanese subsidiary released a comment on the ruling, which stated (via machine translation):
'We offer high praise that the court took the corresponding actions [against] Samsung [and] was resolute to try to protect the integrity of the international patent system. In an attempt to convince the court that the patent is not an issue, Samsung has recklessly ignored intellectual property rights around the world.'
Outside of the U.S., E.U. and Japan, Samsung has been successfully backed by one country's antitrust authority in its practice of leveraging SEPs against competitors: the South Korea Fair Trade Commission, which issued a ruling in February that protected Samsung from a complaint filed by Apple.
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There is nothing, absolutely nothing, that any patent can survive the onslaught of cubic bucks, nothing. Get over it already because the corruption in most governments tasked with the duty to protect or enforce them always defaults to the one with the most cubic bucks to buy their “justice”.
Apple and Samsung are just the current big league players on the field defined by the corrupt.
Your cynicism is duly noted.
(BTW, cynicism (you didnt do that - the government should take it away from you) is the defining characteristic of the socialist).
Take a few minutes,as I did,to check his posting history.About 99.9% of his posts...all of which are *very* professionally done (as you'd expect from someone in the industry)...are either talking up Apple or talking down their competitors.At the very least he's a cult member (and yes,Apple *is* a cult for many).But my money's on *employee*.
Jim Robinson should be charging him serious $$$ for these ads.
Done, before you suggested it - because I am, happily, on SMs ping list.He is an enthusiast, as am I - though he is far more knowledgable than I.
I became an enthusiast when I fell victim to - OK, I suckered for - a phishing attack while using a PC. Why do I blame Microsoft for the fact that I suckered for an attack while using a PC? Simple - I suckered for the attack for the reason that I knew that Windows was vulnerable to the claimed virus. If I had had confidence in Windows, the attack wouldnt have made sense and I wouldnt have fallen for it.
Knowing that OS X is Unix, and having confidence that Unix is radically more robust (having been built from the ground up as a multiuser, multitasking OS) than Windows (certainly than Windows was), I adopted OS X and also adopted the attitude that I dont need all the hassle of an antivirus program apart from OS X itself. Therefore, the phishing attack I fell for when using Windows would not be a threat to me now.
I am aware that Linux is also - at least kinda, sorta - Unix, as well. But not being a Comp Sci guy, I found I did not enjoy using it. So, OS X is my choice.
Your mileage may vary - and I dont heap scorn on people who see computer things differently. And I wish that you didnt, either.
Many Japanese have it in for Koreans, see them as inferior. And now they are doing great compared to Japan so there is jelosy and loss of face. Maybe this helped Apple prevail in Japan. They would never get a favorable court decision in Korea. Same as Samsung is unlikely to prevail in California.
Home court advantage (obviously)
No Korean made LCD, juicer or anything has failed on me. Sony quality is way down, I was given a Sony HD radio, a gift, it failed after 2 years. It had an ipod dock etc
Jim Robinson should be charging him serious $$$ for these ads.
Swordmaker posts stimulate debate over Apple vs Samsung vs Microsoft Windows vs Windows PCs. People enjoy these discussions and learn. Many freepers could not handle Windows PC so they moved to an Apple laptop and are happy with the entire experience. I know windows and do not buy anything Apple
Thank you, Dennis.
How many times do you have to be told that I am not an employee of Apple nor am I looking for a raise since I am not an employee. Are you that dense? Stupid is my guess. As i told you earlier this morning I keep the Apple/Mac/iPhone/iPad/iOS Ping list at the request of 550 of your fellow Freepers who have asked me to keep them appraised of issues related to Apple and its products that interest them. THEY OUTNUMBER YOU! If you don't like it, simply move on and don't read they thread! It's that simple. Quit being a stinking skunk troll. Your spamming of the threads is not appreciated. . . nor are your LIES about me. Cut it out.
It is the truth. Many Freepers have switched to Apple products and like them. So you have helped them switch. I am not in this camp _obviously_ but I can see the reality. If they now prefer Apple over a Windows PC or android this is their business!!
Plus I enjoy all news of Apple duking it out with Samsung and others in the courts and the marketplace. Other competitions too that involve Apple. It’s a sexy company. Even if the new CEO is gay.
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