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  • Gottfried Schüll

FRAND conditions are linked to market dominance of SEPs

The fact that a standard essential patent (SEP) is licensed only requires FRAND licensing conditions if this patent provides market dominance (MDSEP).

Standard essential patents (SEPs) do not automatically confer market dominance. In 2015 the Düsseldorf Regional Court (Landgericht Dusseldorf) has found that a market share of less than 30 % for standard-compatible cell phones does not confer market dominance and therefore a FRAND license does not have to be offered in order to enforce the injunction. The patent is essential for the use of a standard concerning near field communication (NFC).

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