The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement (Huawei / ZTE)

European Court Of Justice Holds Standard-Essential Patent Owner Can Abuse Its Position By Seeking To Enjoin Infringement* The European Court of Justice ruled today that the owner of a standard-essential patent abuses its dominant position when it seeks an injunction in an action for patent infringement against an infringer that has expressed genuine willingness to license the patents on fair, reasonable, and nondiscriminatory (“FRAND”) terms. In Case C-170/13, Huawei Technologies Co. Ltd. v. ZTE Corp. (July 16, 2015), the Court of Justice held that such an abuse of a dominant position violates Article 102 of the Treaty on the Functioning of the European Union. This is the first definitive statement by the European Court on an issue that has received close attention in United States

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Seth D. Greenstein, The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement (Huawei / ZTE), 16 July 2015, e-Competitions Telecom & Dominance, Art. N° 74456

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