The EU Court of Justice confirms practical steps to be taken by standard essential patent holders before seeking injunctions (Huawei / ZTE)

Synopsis The Court of Justice of the European Union has ruled that the holder of a Standard Essential Patent that has committed to license its Standard Essential Patent on FRAND terms may be found in breach of the competition rules (Article 102 TFEU) by seeking an injunction against a potential licensee in certain circumstances. In doing so, the CJEU’s judgment sets out a number of steps that should be followed in SEP patent licensing negotiations. Introduction On 16 July 2015, the Court of Justice of the European Union (CJEU) handed down its long-awaited judgment in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH (Case C-170/13), concerning the potential for enforcement action by holders of standard essential patents (SEPs) to infringe EU competition rules against

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  • Norton Rose Fulbright (London)

Quotation

Mark Simpson, The EU Court of Justice confirms practical steps to be taken by standard essential patent holders before seeking injunctions (Huawei / ZTE), 16 July 2015, e-Competitions Telecom & Dominance, Art. N° 76549

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