ALERT: UNILATERAL PRACTICE - ABUSE OF DOMINANT POSITION - STANDARD ESSENTIAL PATENT – FRAND LICENCE - ACTION FOR INFRINGEMENT - PRELIMINARY RULING

Standard essential patent licences: Advocate General Wathelet invites the Court of Justice of the European Union to set forth conditions to establish when an action for infringement brought by the owner of a patent essential to a standard developed by a standardisation body may be qualified as abuse of dominant position (Huawei/ZTE)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, Advocate General, 20 November 2014, Case C-170/13 (Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH) On 20 November 2014, Advocate General Melchior Wathelet delivered his Opinion in Case C-170/13 (Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH).. This case follows a reference for a preliminary ruling from the Landgericht Düsseldorf (Germany) in proceedings between two global operators in the telecommunications sector - Huawei and ZTE. Huawei holds one of the 4,700 patents "essential" to the implementation of the "Long Term Evolution" (LTE) standard established by the European Telecommunications Standards Institute

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Standard essential patent licences: Advocate General Wathelet invites the Court of Justice of the European Union to set forth conditions to establish when an action for infringement brought by the owner of a patent essential to a standard developed by a standardisation body may be qualified as abuse of dominant position (Huawei/ZTE), 20 November 2014, Concurrences N° 1-2015, Art. N° 71701, www.concurrences.com

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