The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)

In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused its dominant position when negotiating SEP licensing terms that are fair, reasonable and non-discriminatory (“FRAND”) (see VBB on Competition law, Volume 2020, No. 5). It was the FCJ’s first opportunity to tackle the licensing of an SEP on FRAND terms following the landmark judgment of the Court of Justice of the European Union (“ECJ”) in Huawei v ZTE (C‐170/13) (see VBB on Competition Law, Volume 2015, No. 7). The reasoning of the FCJ has now become publicly available and contains the following

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  • Van Bael & Bellis (Brussels)

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Katharina Bongs, The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier), 5 May 2020, e-Competitions May 2020, Art. N° 96298

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