The Regional Court of Düsseldorf refers questions regarding the licensing of standard essential patents in multi-layered supply chains to the EU Court of Justice (Nokia / Daimler)

On 26 November 2020, the Regional Court of Düsseldorf (“Düsseldorf Court”) decided to request a preliminary ruling from the Court of Justice of the European Union (“ECJ”) in patent infringement proceedings involving Nokia and Daimler. The questions give the ECJ the opportunity to offer guidance on much-disputed questions concerning the licensing of standard-essential patents (“SEPs”) in multi-layered supply chains. At the core of the dispute are the following opposing views: Nokia, the SEP holder, maintains that it can decide freely on which level of a complex production and supply chain it will grant the licence in its patents on fair, reasonable and non-discriminatory (FRAND) terms. In contrast, Daimler takes the view that Nokia is obliged to

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  • Van Bael & Bellis (Brussels)

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Katharina Bongs, The Regional Court of Düsseldorf refers questions regarding the licensing of standard essential patents in multi-layered supply chains to the EU Court of Justice (Nokia / Daimler), 26 November 2020, e-Competitions Intellectual property, Art. N° 98187

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