FRAND in China, Strict Liability in CJEU: Two Recent Decisions

Two newsworthy items I will be blogging about in greater detail in the days to come:

1. In a decision dated December 22, 2023, China’s Supreme People’s Court has ordered Oppo to pay Advanced Codec Technologies LLC (ACT) a FRAND royalty amounting to a little over US$2 million.  This is the second Chinese FRAND decision handed down in December, following the Chongqing court’s decision in Nokia v. Oppo, previously noted here.  For discussion, see Aaron Wininger’s posts here and here; the former links to the ACT decision, in the original Chinese.

2. On the Kluwer Patent Blog, Miquel Montaña discusses last week’s decision of the CJEU in Mylan v. Gilead.  Somewhat surprisingly, the court appears to have backtracked somewhat from its decision in Bayer v. Richter, by upholding Finland’s strict-liability approach to awarding compensation to a defendant who is preliminarily enjoined on the basis of a patent that is subsequently invalidated.  The author is quite critical of the decision.  I will have more to say about the decision, which I want to read carefully, in the coming days and in a forthcoming book project.  Stay tuned.