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Given this difference thereâ??s been an increasing agreement among courts around the world that issuing product or import bans against violations of SEPs is not justified. Not only has there been a couple of cases in Germany where this was made very clear indeed, weâ??ve got the EU threatening to fine Samsung for even asking for an import ban on the basis of SEPs. For, if youâ??ve agreed that cash is just fine for the use of your patents then itâ??s not justifiable to reach for the nuclear option of a product ban. Youâ??ll just have to wait until the court decides what FRAND is and then forces the violater to pay you that.
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