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 licensee’. The ECJ’s latest ruling answers several important questions and provides for some legal certainty. However, as expected, a number of questions remain open.

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Issue 90