Posted: April 3rd, 2020
New guidelines for the FRAND defence in patent infringement proceedings by the Munich District Court I
With the notice on handling the defense of compulsory license under antitrust law according to Huawei v. ZTE within Munich proceedings in patent litigation, the German original and the English translation of which are attached hereto, the Regional Court of Munich I published the envisioned approach of the patent litigation chambers to the FRAND defense in complaints based on standard-essential patents.
The notice mainly pertains to the procedural approach of the patent litigation chambers to the FRAND defense, but indications regarding the requirements with respect to substantive law which the patent litigation chambers set for the FRAND defense may also be gathered from the notice. Only two days after their publication, the notes were put to the test during main proceedings relating to a standard-essential patent-in-suit held by Nokia against Daimler, and further specified by statements made by the 7th Civil Chamber.
The entire complete report can be read here.
Reported by: Jan Bösing and Stefan Lieck, Bardehle Pagenberg