LG Düsseldorf submits issues to CJEU on FRAND requirements in the supply chain

11.01.2021
Gottfried Schüll

The issues concern the effects of FRAND requirements with regard to licensing at different economic levels in a supply chain, the possibility of catching up on prelitigation conduct obligations, and the requirements for a licensing request.

Can a company at a downstream economic level raise the objection of abuse of a dominant position if the standard for which the patent in suit is essential is already implemented in an upstream product procured by the infringing defendant whose willing suppliers are refused the grant of their own license on FRAND terms?

Is it possible to make up for pre-litigation conduct obligations arising from the ECJ decision Huawei v. ZTE in the course of court proceedings?

Can a request for licensing only be assumed if the SEP user's will and willingness to conclude a license agreement on FRAND terms, whatever the FRAND terms may be, clearly and unambiguously emerges?

Download full judgment (machine translation)

Further judgments

Picture credits: Tomasz Zajda – AdobeStock.com

Back