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/ Created by Gottfried Schüll

FRAND verdict based on AVC/H.264 SEP

No right to obtain a license restricted to Germany without taking a worldwide license. No adjustment of royalties for China required. Confirmation of FRAND compliance in case of 2000+ existing license agreements – injunction claim available.

The groundbreaking FRAND case law of the Düsseldorf Regional Court (Landgericht Dusseldorf) has been further developed in the present patent infringement proceedings (file no. 4b O 4/17) related to video compression between IP Bridge and Huawei. It was determined in 2018 that in the light of the established worldwide licensing practice for the AVC / H.264 patent portfolio, the defendants are not entitled to a license only for the patent in suit and its family members. In addition, uniform license rates are also non-discriminatory under antitrust law for the Chinese market. The 2000+ license agreements submitted to the court are FRAND compliant. The caps provided for in the AVC / H.264 license agreement dependent on the number of products are also determined to be FRAND. Compliance with the roadmap according to Huawei ./. ZTE jurisprudence of the EJC and accordingly the injunction claim have been confirmed.

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