Thursday, September 11, 2014

Today's Hearing Before the CJEU in Huawei v. ZTE

As I reported yesterday, today is the day the Court of Justice for the European Union (CJEU) had scheduled for its long-awaited hearing in Huawei Technologies Co. Ltd v ZTE Corp., Case C-170/13, on the issue of whether or under what conditions a court may order injunctive relief for the infringement of a FRAND-encumbered standard essential patent (SEP).  So far the only write-up on today's hearing that I've been able to find online is this one in the German-language online publication JUVE.  According to the article, the Court didn't give a clear inclination of its views during today's hearing, though following the hearing several observers suggested that the Court could concretely define the conditions for an abuse of market position and that the conditions for obtaining an injunction in SEP cases could be made more onerous than under the 2008 German Orange-Book-Standard framework. (For more on the Orange-Book-Standard, see my book pp. 245-48 and my blog post from August 5, 2013.)  Both the Orange-Book-Standard framework and the European Commission's more recent pronouncements in the Samsung and Motorola cases are under scrutiny in the present case.  However, today's proceedings did not touch very deeply on the subject of when an implementer should be considered a willing licensee. The Advocate General's opinion is scheduled to be presented on November 20.  

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