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The Apple-Samsung Trial: What Apple Will Attempt to Prove
Samsung’s infringing sales have enabled Samsung to overtake Apple as the largest manufacturer of smartphones in the world. Samsung has reaped billions of dollars in profits ..... Samsung also flagrantly breached . . . commitments to [license to Apple its standards-essential patents on "fair, reasonable and non-discriminatory terms"]. Samsung made a general FRAND commitment on December 14, 1998 and specific FRAND commitments for the two asserted declared-essential patents on May 16, 2006 and August 7, 2007, respectively. Samsung has breached its FRAND commitments by seeking to enjoin Apple from selling products that support the UMTS standard and by refusing to offer Apple a license to declared-essential patents on FRAND terms.