The Hague Court of Appeal delivers its judgment on an alleged infringement of a patent essential to the universal mobile telecommunications system standard (Asus / Philips)

On 7 May 2019, the Court of Appeal of the Hague delivered its judgment in a case pitting Philips against ASUS regarding the alleged infringement of Philips’ European patent EP 1 623 511, which was considered essential to the High Speed Uplink Packet Access (“HSUPA”) protocol of the Universal Mobile Telecommunications System (“UMTS”) standard. The judgment is the first Dutch court case to address a FRAND-defence in infringement proceedings following the judgment of the Court of Justice of the European Union (the “Court of