The EU Court of Justice rules that royalties for unpatented technology are not necessarily anticompetitive (Genentech)

EU COURT RULES THAT ROYALTIES FOR UNPATENTED TECHNOLOGY ARE NOT NECESSARILY ANTICOMPETITIVE* On 7 July 2016, the Court of Justice of the European Union (CJEU) handed down a judgment on whether Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as precluding effect being given to a licence agreement requiring the licensee to pay royalties for the use of a patent which has been revoked (Sanofi-Aventis v. Genentech, Case C-567/14). Background In 1992, Hoechst granted a licence to Genentech for a human cytomegalovirus enhancer. The licensed technology was subject to one European patent and two patents issued in the United States. In 1999, the European Patent Office revoked the European patent. Under the licence agreement with Hoechst,

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  • McDermott Will & Emery (Paris)

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Jacques Buhart, The EU Court of Justice rules that royalties for unpatented technology are not necessarily anticompetitive (Genentech), 7 July 2016, e-Competitions July 2016, Art. N° 92786

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