Discussion of today’s hearing in HMD Global Oy v. VoiceAge EVS GmbH & Co. KG can be found on JUVE Patent and on ip fray; a written decision is said to be forthcoming but not available yet. Once the written decision becomes publicly available, I will read it and have something to say about it.
For now, as I understand it, the Higher Regional Court’s position is that an implementer can show its willingness to license by depositing security in the amount of the SEP owner’s offer. At that point, the court should undertake a review of the offer to see if it is within the FRAND range. In the case before the court, however, the amount of security offered by the implementer apparently wasn’t sufficient. If I understand correctly, the court also rejects the EC amicus brief’s recommendation that the court follow the steps laid out in Huawei v. ZTE in a strictly sequential manner.
Next stop will be the BGH. For previous discussion on this blog, see, e.g., here, here, and here.
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