The German Federal Court of Justice clarifies that defendants can invoke the abuse of dominance against an injunction claim of a patentee if the latter has refused a licence in an abusive manner (Orange-book-standard)

Summary In its decision of 6 May 2009 the German Federal Court of Justice held that a defendant can invoke the abuse of dominance against an injunction claim of the patentee if the latter refused a licence in an abusive manner. The patentee acts in an abusive manner if he refuses an unconditional offer for a licensing agreement in such a way that it amounts to discrimination or hindrance of the defendant and the latter does not violate the terms of a hypothetical licensing agreement. Background The patentee sued the defendants for the non-licensed use of an essential industry standard patent and requested an injunction as well as damages under section 139(1) and (2) Patent Act. The defendants asserted that they did not infringe the patent and that the plaintiff refused a licence in

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  • University of East Anglia

Quotation

Sebastian Peyer, The German Federal Court of Justice clarifies that defendants can invoke the abuse of dominance against an injunction claim of a patentee if the latter has refused a licence in an abusive manner (Orange-book-standard), 6 May 2009, e-Competitions Private enforcement, Art. N° 26683

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