IP High Court announces date

Samsung v Apple 2013 Absence of Obligation

The IP High Court of Japan has announced a date for judgment in the appeal case of absence of obligation [2013 (Ne)10043].  Judgment will be delivered on May 16th 2pm in court room 101.

Absence of Obligation: Samsung v Apple 2013(Ne)10043 Tokyo IP High Court

The trial begins today at 11am.  Tokyo IP High Court

Samsung and Apple will appear before the Grand Panel of the Tokyo Intellectual Property High Court to begin the adjudication of the appeal case seeking declaratory judgment of absence of obligation.   This decision, and the recent 'abuse of rights' decision are pivotal points in the controversial practice of seeking injunctions for infringement of a standard essential patent (SEP) subject to a fair and reasonable non-discriminatory agreement (FRAND).   The practice is so controversial, that it elicited the first ever solicitation for Amicus Brief from the Court in Japan.  The solicitation reads, "Whether there is any restriction on practice of rights to seek an injunction or damages based on a patent that is essential to the standard set by a standard setting organization when so-called (F)RAND declaration (a declaration that [a patentee] will grant a license on (Fair,) Reasonable and Non-Discriminatory conditions) is made."  The deadline for submission has already passed (March 24) but details about the submission can be found here.

A change is afoot.  On March 7th, in the United States District Court of California, Samsung agreed to 'dismiss without prejudice'  three of it's asserted patent claims that were from SEP subject to a FRAND.  Apple agreed to drop all counter-claims.

 

The positioning paper announcement ceremony was followed by a discussion titled,
 "Future Forum".    

 Hosted by the chapter’s External Affairs Committee (EAC), the Future Forum panel discussion was preceded by speeches from Larry Bates, ACCJ president and general counsel of GE’s Global Growth and Operations, Japan; and Harry Hill, chair of EAC and president & CEO of Oak Lawn Marketing, Inc. Both speakers extolled the importance of the teamwork and contributions that lead to the publication of the inaugural ACCJ Chubu position paper.

The panel, moderated by EAC Vice Chair 

Darrell Harris, comprised Ryosuke Ohashi, 

director-general of METI’s Economic Policy; Masaaki Ogawa, managing director and secretary 

general of the Chubu Economic Federation; Prof. Nobutaka Odake, Department of Civil Engineering 

and Systems Management, and the Department of Techno-Business Administration at the Nagoya 

Institute of Technology; and Steve Burson, vice president, ACCJ Chubu Chapter.

This past month was a very busy month.  As part of the external affairs committee, I was one of the authors who crafted the positioning paper for the chamber.  The theme of the event and the positioning paper was to promote central Japan as a good place to do business, not only for local entrepreneurs, but also for international investors as well.

Below is a short excerpt of the paper.  

INTRODUCTION

The members of the Chubu Chapter of the American Chamber of Commerce in Japan (ACCJ) are very positive about the opportunities for business growth in our region and would like to encourage anyone not active in this dynamic central part of Japan (Chubu) to take a closer look. Through our experience of doing business in Chubu, we have learned this area’s many advantages. 

The announcement of the ACCJ event, and information about future events can be found here.
If you would like to read the full manuscript send me an email at jon@hobbspatents.com with “CHUBU’s Positioning Paper” in the subject line.