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The aftermath of the Apple vs. Samsung battle

Abstract

Have you ever wondered who, Apple Inc. or Samsung Electronics Co. Ltd., won the battle of IP infringement claims and injunctions for the design of tablets and smartphones? In fact, the battle still continues, and the fierce fight in the courtrooms, has also generated much debate in the IPR committees of certain Standard-Setting Organisations (SSOs) and attracts the attention of competition authorities. Many companies have embraced the increasing value of standardisation. But the benefit for those companies of having their technology become the Standard for the whole industry requires also some commitments to license under terms that support the wide adoption of the Standard. The current debates in the IPR committees of the most relevant SSOs around the definition of Standard-related concepts like “Fair, Reasonable and Non-Discriminatory” (FRAND), or the scope of the availability of injunctive relief for infringement claims of FRAND-encumbered Standard Essential Patents (SEPs) is supposed to develop guidelines for all the stakeholders in this complex matter. This paper will analyse the different positions of the parties involved in this stage of the battle.

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Author

Loreto Reguera
Senior Legal Counsel EMEA, Intel Corporation SA , Belgium

Loreto Reguera is currently Senior Legal Counsel for Intel Corporation, based in Brussels. She started her career with Intel Corporation UK ltd in October 2005, providing legal support to various business and engineering teams, with special focus in software licensing and IP matters. Since 2008 Loreto is also providing legal support on IP and Standardisation policy in Brussels. She is an active member of various groups at Digital Europe, and a regular attendee of the Intellectual Property Rights Committees of ETSI, ITU and DVB. Before working for Intel, Loreto was responsible during more than 5 years for all legal in-house support in Benelux, Europe South and Latin America for EMC Corporation. Born in Spain, she received her Master’s in Law from Granada University School of Law in 1997. Loreto is admitted to the Spanish Law Bar since 1998. She also holds Masters in European and International Law from Katholieke Universiteit Leuven and Universite Libre de Bruxelles.

Company

Intel Corporation SA

Intel (NASDAQ: INTC) is a world leader in computing innovation. The company designs and builds the essential technologies that serve as the foundation for the world's computing devices. Additional information about Intel is available at newsroom.intel.com and blogs.intel.com.

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