Published: 1/9/17
Publication: Lexology
“The Marseille Commercial Court recently ruled that the sending of letters to the customers of a smartphone creator and seller warning them against possible infringement constituted offers for a fair, reasonable and non-discriminatory (FRAND) licence and was thus not considered unfair competition.(1)
The case is the first French FRAND case to be initiated after the ruling in Huawei v ZTE by the European Court of Justice (ECJ) on July 16 2015.(2)
The key discussion was not patent infringement, but rather unfair competition due to the sending of letters by a non-exclusive licensee enforcing a standard-essential patent (SEP) to clients of a smartphone conceiver and seller.” – [READ MORE]