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.
