The Dutch Higher Court of Appeal rules on an alleged abuse of dominant position by an electronic company for not licensing a patent under FRAND conditions (Asus / Philips)

On 7 May 2019, the The Hague Court of Appeal ("Court of Appeal") ruled against electronics company Asus in a patent dispute with electronics company Philips. The Court of Appeal found that Philips' patent was valid and had been infringed by Asus. The manufacturer had argued that Philips abused its dominant position ex Article 102 TFEU by not licensing the patent, which is essential for a third-generation mobile standard (UMTS/LTE Standard), under Fair, Reasonable and Non-Discriminatory (FRAND) conditions to

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Pauline Kuipers, Piet-Hein Eijssen, The Dutch Higher Court of Appeal rules on an alleged abuse of dominant position by an electronic company for not licensing a patent under FRAND conditions (Asus / Philips), 7 May 2019, e-Competitions May 2019, Art. N° 94488

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