Posted: July 13th, 2020
An English version of the Sisvel v. Haier judgment is now available
The German Federal Court of Justice has issued its first decision on FRAND since the CJEU Huawei v. ZTE decision. In the Sisvel v. Haier case, the FCJ in particular emphasized the obligation of the implementer to be willing to take a FRAND license “whatever FRAND means”. The implementer thus can only raise a FRAND defense if he engages “seriously and target-oriented” to conclude a license agreement.
Translation provided by Cordula Schumacher, ARNOLD RUESS Rechtsanwälte