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/ Created by Gottfried Schüll

Market accepted license defines FRAND conditions

If there is a market acceptance for granting a worldwide license to all affiliated companies, this is decisive for the assessment of FRAND.

The starting point is the established practice of licensing exclusively for standard essential patents granted worldwide to all companies of a worldwide group of companies at the same time. Against this background, the Düsseldorf Regional Court (Landgericht Dusseldorf) found in 2008 that a license only for the German patents of the licensed patent portfolio would represent an unjustifiable unequal treatment compared to other licensees. This also applies to the granting of a license only to a German group company.

Download full judgment (machine translation)

Further judgments

 

Picture credits: Vitalii Vodolazskyi – AdobeStock

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