Published: April 20, 2018
Publisher: JDSUPRA
The findings from the recent Higher Regional Court of Düsseldorf decision Mobiles Kommunikations system have established a new framework that should be followed when courts are benchmarking standard-essential patents (SEP) license offers.
The court has commented on which requirements are to be placed on the infringement notice, the license request and the license offer and how far the court’s examination duty reaches. The decision takes a step toward solutions that balance the interests of the parties. The case is now pending legal practitioners with a benchmark for evaluating a license offer as fair, reasonable and non-discriminatory (FRAND).
Please refer to the full article by Dr. Anette Gartner in the current issue of the Mitteilungen der dt. Patentanwalte for further commentary.