Life Science Industry Development Report

Huawei v. Samsung (Shenzhen Intermediate Ct. 2018) Determining Infringement of SEP • Is the asserted patent a SEP? • Does the defendant practice the standard? - Samsung smartphone uses 4G network. - China's top 3 telecomm service provider adopts the 3GPP standard. PATENT INFRINGEMENT Morgan Lewis Determining Permanent Injunction • Whether plaintiff complies with FRAND during the negotiations? • Whether defendant complies with FRAND during the negotiations? If plaintiff has no faults and the defendant violates FRAND, a permanent injunction shall be granted. INJUNCTION 35

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