Licenses in European Patent Litigation (France)

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 Licenses in European Patent Litigation (France)

Category : Publications

GENERAL OVERVIEW OF FRAND ISSUES RELEVANT TO PATENT

LITIGATION IN FRANCE

In the matter of FRAND licensing in France, two main decisions are relevant today. The first one is the Samsung/Apple litigation.21 In this case, Qualcomm and Samsung had signed an agreement that expressly indicated that it was not to be considered as a license. The object of the agreement was the making of chips by Qualcomm and it covered certain Samsung SEPs (EP1188269 and EP1097516). In line with competition law that prevents “interdiction to sell”, the agreement between Qualcomm and Samsung (31 August 1993, as amended on the 30 March 2004 and 1 January2009) does not prevent Qualcomm from selling the chips to any other party and has a worldwide effect.

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