Injunctions in SEP Cases in Europe

25 Pages Posted: 12 Jun 2017

See all articles by Georg Nolte

Georg Nolte

Panasonic R&D Center Germany GmbH

Lev Rosenblum

Dorsey & Whitney LLP

Date Written: March 10, 2017

Abstract

This paper discusses several public cases from Germany that deal with SEPs and FRAND and have been decided after the CJEU’s decision in Huawei v. ZTE. It starts with the patent law system and appeal possibilities in Germany, explains briefly the Orange Book decision, sets out some details of the Huawei decision and explains the questions sent by the Regional Court of Düsseldorf that form the basis of the CJEU decision. The paper also discusses the decisions or orders from the Regional Courts of Düsseldorf and Mannheim as well as the Higher Regional Courts of Düsseldorf and Karlsruhe that followed the Huawei decision. Although many open questions still remain, the Huawei decision has brought quite some clarity to the courts in Germany, setting out when a SEP owner can obtain an injunction while offering a safe harbor for licensees that seek protection from such an injunction. But still it is rather difficult for both parties to predict the outcome of a specific case.

Keywords: SEP, FRAND, CJEU, Huawei, ZTE, Germany, Europe

Suggested Citation

Nolte, Georg and Rosenblum, Lev, Injunctions in SEP Cases in Europe (March 10, 2017). Available at SSRN: https://ssrn.com/abstract=2984193 or http://dx.doi.org/10.2139/ssrn.2984193

Georg Nolte (Contact Author)

Panasonic R&D Center Germany GmbH ( email )

Monzastraße 4
Langen, 63225
Germany

Lev Rosenblum

Dorsey & Whitney LLP ( email )

51 W. 52nd Street
New York, NY 10019-6119
United States

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