Published: 8/28/15
Publication: National Law Review
The long-awaited ruling regarding the circumstances under which the owner of a standard-essential patent (SEP) encumbered by fair, reasonable and non-discriminatory (FRAND) terms may seek injunctive relief has been delivered by the Court of Justice of the European Union, in Huawei v. ZTE, Case No. 170/130 (CJEU). Although the judgment lays down the legal test applicable to injunctions involving standard-essential patents, and significantly clarifies the landscape that had previously been shaped by the European Commission, a number of issues remain unresolved.