FRAND Case Law
Summaries of FRAND Court Decisions in Europe
Featured Cases
Background
The summaries in this area of the website relate to court decisions rendered after the Court of Justice of the European Union (CJEU or ECJ) handed down its ruling in case C170/13 Huawei v ZTE on 16 July 2015. (The Huawei Case)
The summaries focus on the core issue raised by the Huawei decision, namely the conditions under which a standard essential patent holder may seek injunctive relief for infringement of their patents or where a standard implementer can raise a competition law-based defence to an action brought by a SEP holder.
Occasionally, related and additional aspects of a decision are included in the summary because of their importance for understanding the context of FRAND licensing. In general, however, non-Huawei-related issues are omitted, such as general procedural or patent law aspects (venue, patent description, validity, infringement, etc.).
Regarding the jurisdictions covered, the primary goal is to map the German situation and the UPC decisions; however, depending on their accessibility, some decisions from other EU Member States are also included.