Obligations of SEP holders and SEP users, Higher Regional Court of Karlsruhe, judgment dated October 30, 2019, docket no.: 6 U 183/16

The decision rendered by the Higher Regional Court of Karlsruhe (“Higher Regional Court”) relates to the specification of various criteria regarding the enforcement of standard-essential patents laid down by the Court of Justice of the European Union (“CJEU”) in its decision Huawei v. ZTE (CJEU, July 16, 2015 – C-170/13).

The Higher Regional Court addresses, inter alia, the requirements for the notice of infringement by the patent holder, the parties’ possibilities of subsequently performing omitted acts, the issue of the necessity of presenting third-party license agreements, and the scope of the claim for rendering of accounts in case of a lack of FRAND-compliant conduct by the SEP holder.

The entire report can be read here.

Reported by: Armin Schwitulla and Stefan Lieck, Bardehle Pagenberg