Wednesday, May 1, 2024

Picht, Cotter & Habich on German FRAND Cases

Peter Georg Picht, Erik Habich, and I have an edited volume coming out sometime this summer, titled FRAND: German Case Law and Global Perspectives (Edward Elgar Publishing).  The volume will include seven chapters providing a comprehensive look at the issues the German courts have addressed in FRAND cases, and an additional eight chapters composed of essays by each of us and by leading judges and scholars.  On SSRN now is a draft of the first seven (case law) chapters.  Here is a link, and here it he abstract:

           This is a draft of the case law portion of our forthcoming edited volume, FRAND: German Case Law and Global Perspectives (Edward Elgar Publishing 2024). It provides a comprehensive discussion of the German courts' analysis of the principal issues arising in litigation over the licensing of FRAND-committed standard-essential patents, arranged thematically into seven chapters: Willingness to License on FRAND Terms; FRAND Offer; Reaction Duties and Counteroffer; Confidentiality; FRAND Licensing and SEP Transfer; Damages Claims; and Anti-Antisuit injunctions.

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