Samsung Electronics Co Ltd and another v Telefonaktiebolaget LM Ericsson and others

Patent – Infringement. The Court of Appeal, Civil Division, partially allowed Samsung's appeal against the judge's decision, striking out one of its competition law defences in a claim for patent infringement. It was arguable that, in breach of art 101 of the Treaty on the Functioning of the European Union, agreements had fallen short of a full transfer of the non-discrimination aspect of the eleventh party's obligation and that the anti-competitive nature of the breach rendered the agreements anti-competitive and void.

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