EU – Antitrust: Commission opens formal investigation into possible anticompetitive conduct of Teva in relation to Copaxone

Posted: March 5th, 2021

From the press release: “The European Commission has opened a formal antitrust investigation to assess whether the pharmaceutical company Teva has illegally delayed the market entry and uptake of medicines that compete with its blockbuster multiple sclerosis drug Copaxone. The Commission will investigate whether Teva has abused a dominant market position in breach of EU […]


UK – OnePlus v. Mitsubishi

Posted: December 24th, 2020

Oneplus Technology (Shenzhen) Co Ltd and others v Mitsubishi Electric Corporation and another [2020] EWCA Civ 1562 (19 November 2020) In this judgment of the Court of Appeal (Floyd LJ giving the main judgment, and Males LJ giving a short second judgment in agreement) upheld the decision of the first instance judge, Sir Alastair Norris, […]


UK – Conversant v Huawei / Appeal / Added matter

Posted: October 20th, 2020

Conversant v. Huawei – UK Court of Appeal finds patent invalid for added matter This was an appeal from a decision of one of the two technical trials in the FRAND dispute between Conversant and Huawei playing out in the Courts of the UK, Germany and China. The patent in suit was European Patent (UK) […]


DE – Nokia v. Daimler

Posted: October 5th, 2020

Nokia v. Daimler, District Court of Mannheim, dec. of August 18, 2020, case docket 2 O 34/19 On August 18, 2020, the District Court of Mannheim handed down the first judgment in the current litigation campaign of Nokia v. Daimler. Despite Daimler’s FRAND defense, the Court enjoined Daimler from using a certain technology in Daimler […]


DE – Divisional Game

Posted: September 14th, 2020

The recent decision “Divisional Game” of the Munich District Court I, dated 24 February 2020 (docket no. 7 O 1456/20) is a landmark decision. This decision was handed down in ex-parte preliminary injunction proceedings and was based on an undue obstruction of competitors pursuant to German Unfair Competition Law. The bottom line of this decision […]


DE – FRAND objection: German Federal Court of Justice applies ZTE v. Huawei

Posted: July 8th, 2020

FRAND objection: German Federal Court of Justice, judgment dated May 5, 2020 – docket no. KZR 36/17 By its recently published judgment dated May 5, 2020, docket no. KZR 36/17, the German Federal Court of Justice for the first time interpreted and applied the requirements that were defined by the ECJ in its “ZTE vs. […]


NL – Sisvel v. Xiaomi / Appeal

Posted: April 15th, 2020

Sisvel v. Xiaomi, Court of Appeal of The Hague, The Netherlands, 17 March 2020, Case No. ECLI:NL:GHDHA:2020:711 Facts As a non-practicing entity, Sisvel International S.A. (“Sisvel”) focuses primarily on licensing out man-aged patents with third parties that exploit Sisvel’s patented technologies. Following the transfer by Nokia in 2012, Sisvel is the proprietor of (the Dutch […]


DE – Obligations of SEP holders and SEP users

Posted: April 3rd, 2020

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 […]


DE – New guidelines for the FRAND defence in patent infringement proceedings by the Munich District Court

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 […]