The Düsseldorf District Court rules on the requirements of an antitrust defence against an SEP holder in light of the ECJ’s judgment in Huawei / ZTE (SISVEL / Haier)

A strict approach to applying the principles established in Huawei/ZTE, in particular as regards the prompt provision of security and a statement of account of past use, resulted in the defendant losing the right to raise a fair, reasonable and non-discriminatory (FRAND) defence. In detail The lawsuit concerns a patent in the field of wireless telecommunication and relates to the Universal Mobile Telecommunications System (UMTS) standard. The claimant considers that the patent is infringed where a device implements the UMTS standard. It therefore provided a FRAND declaration vis-à-vis ETSI that it is ready to license the patent in suit under FRAND terms. The Düsseldorf Court ruled on the application of the test established in Huawei/ZTE [1] and provided guidance on the details.

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Authors

  • Simmons & Simmons (Dusseldorf)
  • Simmons & Simmons (Dusseldorf)

Quotation

Peter Meyer, Martin Gramsch, The Düsseldorf District Court rules on the requirements of an antitrust defence against an SEP holder in light of the ECJ’s judgment in Huawei / ZTE (SISVEL / Haier), 3 November 2015, e-Competitions Bulletin IT & Dominance, Art. N° 76932

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