Samsung Electronics CO., LTD v. Apple Korea Ltd.
Published: 1/1/12
In April 2011, Samsung filed a lawsuit in the Seoul Central District Court seeking an injunction against Apple for infringement of patents it claimed were essential to the UMTS cellular standard, and for which Samsung had made FRAND commitments to the European Telecommunications Standards Institute (ETSI). Apple contested infringement and validity of the asserted patents. Among other defenses, Apple contended that (i) Samsung’s FRAND commitments prevented it from seeking an injunction as matter of contract law, […]
Research In Motion Ltd. v. Motorola, Inc.
Published: 12/11/08
This decision denied a motion to dismiss the plaintiff’s breach of contract and antitrust claims against Motorola based on the claim that Motorola refused to negotiate FRAND licenses in good faith. The court rejected Motorola’s claim that it lacks monopoly power based on its SEPs, holding that the promulgation of a standard enhances the value of a patent significantly. The court also found that, for purposes of Section 2 of the Sherman Act, RIM had alleged […]
Broadcom Corp. v. Qualcomm, Inc.
Published: 9/4/07
Broadcom brought an antitrust action in which it alleged that Qualcomm had persuaded the European Telecommunications Standards Institute (“ETSI”) to incorporate Qualcomm’s patented technology by committing to license the technology on FRAND terms, but later reneged on its commitment. A district court dismissed Broadcom’s complaint, and the Third Circuit reversed the dismissal. The court explained that a SEP holder “is in a position to ‘hold up’ industry participants from implementing the standard.” This is because “[i]ndustry […]