EU High Court Sets Important SEP Precedent

Law360, New York (July 31, 2015, 12:12 PM EDT) -- In a landmark judgment rendered July 16, 2015, the European Court of Justice has clarified when a holder of a standard-essential patent who has committed to the standard-setting organization to grant licenses to all implementers of the standard on fair, reasonable and nondiscriminatory terms is prohibited from seeking a court injunction against an alleged infringer of the SEP under the general EU law prohibition of abuses of a dominant position (Article 102 TFEU).

In essence, the court holds in Huawei Technologies Co. Ltd. v ZTE Corp., ZTE Deutschland GmbH[1] that an SEP holder who agreed to FRAND licensing cannot seek a...

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