Decision Keyword:
Voice signal encoders
Law applied:
TFEU Art. 102
German Patent Act (PatG) Section 139 (1), (3), Section 140a (1), (3), Section 140b (1), (3)
German Civil Code (BGB) Section 242
Summary:
- The filing of the complaint for damages and provision of information and rendering of accounts constitutes sufficient notification of infringement. (para. 4)
- The patent owner is not obliged to make an offer if the user does not respond to the infringement notice within a reasonable period of time or has indicated through its conduct that it is not interested in a (FRAND) license. (para. 9)
- If the patent owner makes an offer to the user despite an insufficient declaration of willingness to license, and the parties subsequently enter into negotiations, the patent owner cannot later invoke the FRAND objection on the grounds that the user did not declare its willingness to license prior to such an offer. (para. 10)
- The submission of a first offer that is not FRAND does not in itself constitute market abuse, but may be the starting point for negotiations in the course of which a FRAND offer can be developed by the patent owner (in line with BGHZ 227, 305 = GRUR 2021, 585 - FRAND-Einwand II). (para. 20)
- The amount of reasonable security must initially be based on the patent owner's offer under consideration and serves to secure the license fee that the plaintiff can demand in the event that a license agreement is concluded on FRAND terms. (para. 34)
OLG Munich (Antitrust Board), decision of 30 October 2024 – 6 U 3824/22 Kart –
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