Published: 11/28/16
Publication: Lexology
“”The Düsseldorf Court of Appeal’s first oral hearing in the proceedings “Sisvel vs. Haier” took place on 17 November 2016. Sisvel sued Haier on the ground of the Standard Essential Patents (“SEPs”) EP 1 264 504 and EP 0 852 885 which are part of Sisvel’s “Wireless Portfolio”. The Düsseldorf Regional Court inter alia rejected Haier’s FRAND-defence in first instance and granted injunctions on the grounds of both patents. The enforcement of the injunctions was later on stayed by the Court of Appeal on a preliminary basis arguing that the adjudication of the FRAND-defence in first instance was obviously flawed. In the first oral hearing the Düsseldorf Court of Appeal’s 15th Senate now gave several indications on the adjudication of the FRAND-defence’s prerequisites in the wake of the ECJ’s Huawei vs. ZTE-decision.”” – [READ MORE]