Columns

Anyone for tennis? ECJ ruling calls for more structure in FRAND negotiations

By Tilman Müller-Stoy

The European Court of Justice has handed down its long-awaited decision on the competition law implications of asserting standard-essential patents in Huawei v ZTE

In Huawei v ZTE (Case C-170/13, July 16 2015), the European Court of Justice (ECJ) has tried to strike a balance between the rights holder-friendly practice of the German Orange Book case law and the vague, more infringer-friendly preliminary views of the European Commission in its Samsung and Motorola antitrust investigations, which were based on the concept of the ‘willing...

Issue 85

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Issue 85