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The German Federal Court of Justice rules on licensing between two companies active in the mobile telecommunication market regarding SEP licensing negotiations on FRAND terms (Sisvel / Haier)

The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May 2020, was handed down in litigation between the Sisvel patent pool and Chinese consumer electronics manufacturer Haier (FCJ docket no. KZR 36/17). The judgment will shape FRAND licensing negotiations and impact the enforcement of SEPs before German courts. Key Takeaways As a first step in FRAND negotiations, the SEP holder need only notify an implementer of the infringement of the relevant patent(s). At this stage of the negotiations, the SEP holder need not make any detailed technical or legal explanation of the infringement allegation. In any event, customary

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Authors

  • McDermott Will & Emery (Düsseldorf)
  • McDermott Will & Emery (Düsseldorf)

Quotation

Henrik Holzapfel, Christian Dölling, The German Federal Court of Justice rules on licensing between two companies active in the mobile telecommunication market regarding SEP licensing negotiations on FRAND terms (Sisvel / Haier), 5 May 2020, e-Competitions Preview, Art. N° 95828

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