Japan finds Samsung guilty of FRAND abuse

“On Thursday Apple successfully defended itself against the assertion of a standard-essential patent (SEP) by Samsung in Japan,” Florian Mueller reports for FOSS Patents. “On a global scale this was Samsung’s 22nd SEP assertion to have been dismissed, dropped or stayed.”

“It was the first pro-FRAND ruling by an Asian court that I’ve ever heard of,” Mueller reports. “And now that Apple has filed a redacted translation of the relevant passages of the Tokyo District Court’s ruling, it turns out that it’s also the first time in the earth-spinning Apple-Samsung dispute for Samsung to be found to have abused the standard-setting process through untimely disclosures.”

Mueller writes, “Even if the [U.S] ITC felt that the Japanese court’s findings have no bearing on what the appropriate conclusions should be under U.S. law and the statute governing the ITC (Section 337), at the very least this first Asian pro-FRAND decision has considerable political weight. It would be more than just odd if a U.S. government agency that was originally set up to protect the domestic industry became the first entity in the world to grant Samsung enforceable (after a 60-day Presidential review) injunctive relief against Apple. Even in Korea the two injunctions Samsung had won were stayed pending an appeal. In the Netherlands Samsung will have to content itself with a minor amount of damages, and in the rest of the world it hasn’t won anything with its SEPs to date.”

Read more in the full article here.

MacDailyNews Take: Effin’ miracles do happen!

Related articles:
FRAND abuse: Samsung could face $15 billion fine for trying to ban Apple iPhone via standard-essential patents – December 28, 2012
FTC staff said to formally recommend antitrust lawsuit against Google over FRAND abuse – November 1, 2012
Google U.S. antitrust lawsuit said to be urged by FTC investigators over Internet search, FRAND abuse – October 15, 2012
U.S. FTC investigating Google, Motorola Mobility over FRAND abuse – June 30, 2012
EU launches full-blown investigation of Samsung’s suspected abuse of FRAND-pledged patents; Motorola on notice – January 31, 2012
Apple asked standards body to set rules for essential FRAND patents – February 8, 2012
Apple’s iterative approach to FRAND abuse is not for the faint of heart, but there’s no better alternative – February 5, 2012
Motorola Mobility wants 2.25% of Apple’s sales for standards-essential wireless patents license – February 4, 2012
EU launches full-blown investigation of Samsung’s suspected abuse of FRAND-pledged patents; Motorola on notice – January 31, 2012
EU opens antitrust investigation into Samsung over patents – January 31, 2012
European Commission investigates Samsung over possible abuse of FRAND patents against Apple – November 3, 2011
Why is Samsung attempting to ban Apple’s iPhone 4S over FRAND patents? – October 5, 2011


      1. You read a lot into my comment, Seamus. I wonder what you think I meant by that.
        Or maybe you need to read about the Zainichi and how well loved they are in Japan to get the gist of my post.
        Or maybe you’re just being a jerk. This does not bother me. It’s fun to be a jerk. I enjoy it myself often.

        But not today.

  1. Samsung, Google and all these IP thieves and cloners are a bunch of low life scumbags. Specially the army of idiots that continue to spout that Apple invented nothing. Go back to 1997 and show me you phones UI doing the very things that the iPhone demonstrated. As elegantly, smoothly and intuitively as SJ showed us.

    1. The typical curve of biznizz parasites is bell-shaped. Apple’s curve continues to climb with no realistic end in sight, despite the fools known as ‘Apple Bears’. Yes, they’re fools. Meanwhile, expect ShameScam to hit the end of the manic heights and head into a relentless depression until it hits a simmer point where only the deluded ‘fandroids’ remain addicted to their malodorous fecal excretions.

      Google is NOT entirely parasitic, so don’t expect anything as simple as a bell-curve. Google does, occasionally, invent something original and appreciable. Their blundering around off the ranch will no doubt eat cash and reputation. But the Google search engine continues to be untouchable by any competition and is so confoundedly useful. MS’s BinkyBoinkyBlahBlah isn’t going anywhere. May it continue to eat MS cash stores until MS trips into its final six foot deep ditch. 😆

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