The SEP minefield in Europe

Vague terms in the CJEU’s decision in Huawei v ZTE leave parties with little guidance on how to act when negotiating SEP licences, particularly from an alleged infringer’s perspective. Natalia Porto of Preiskel & Co reports.

The Court of Justice of the European Union’s (CJEU) decision in Huawei v ZTE introduced new guidelines on abuse of a dominant position where a prohibitory injunction is sought by a dominant owner of a standard-essential patent (SEP). Although the decision certainly sheds light on what is expected from dominant SEP owners and alleged infringers, many uncertainties remain to be clarified and potential legal challenges are likely to arise for both parties.