Wednesday, September 17, 2014

More on Last Week's CJEU Hearing in Huawei v. ZTE

I blogged last week about the hearing before the Court of Justice for the European Union in Huawei v. ZTE, on the issue of injunctive relief for the infringement of FRAND-encumbered standard essential patents.  At the time the only write-up I had found on the hearing was this one, from the German-language online publication JUVE, which I summarized in my post.  A couple of additional articles are now freely available online, which readers may find of interest.

First, Dr. Axel Walz of the Munich office of King & Wood Mallesons SJ Berwin has now published a short paper, in English, on the issues in the case and the oral hearing, available here.  According to Dr. Walz, "most of the Court’s questions were addressed at Huawei and concerned, amongst others, the issue why, from a standard essential patent (SEP) owner perspective, it should not be sufficient to rely upon good faith negotiations. Huawei’s response was that a legally binding and irrevocable FRAND licence offer must be submitted by the standard user. There were also contentious arguments as to whether a licence offer can be made subject to the condition precedent that the patent in suit is valid and infringed. The question of third party determination of FRAND terms and conditions was an additional focus of the hearing."  Readers interested in this topic should check out Dr. Walz's informative article.  

Second, there is a brief write-up of the hearing in World Intellectual Property Review, titled CJEU Mulls Over Standard-Essential Patents Enforcement, available here.  The article quotes Dr. Walz, who attended the hearing.

The Advocate General's opinion is due on November 20.

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