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In order to be able to better assess a legal challenge, it is often helpful to take a look at the groundbreaking decisions that our law firm has been critically involved in. Our attorneys will be happy to advise you on the perspectives this opens up for your individual case.
LG Düsseldorf submits issues to CJEU on FRAND requirements in the supply chain – Nokia vs. Daimler
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.
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.
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.
A data sequence produced in accordance with a patented video compression process enjoys protection as a direct product of the process (MPEG-2 video signal coding)
The BGH ruled that a data sequence as a process product of a patented video compression process enjoys product protection. If such a data sequence is stored on a data carrier, the protection also extends to this data carrier.
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).
Verdict of the FCJ concerning the rules for examination for the FPC
The FPC is neither obliged nor entitled to check the relevance of the state of the art that was submitted by the nullity plaintiff without comment.
Decision of the FCJ on auxiliary requests and the interest to take legal action in nullity proceedings
In this judgement, the FCJ (BGH) clarifies the requirements for new auxiliary requests in nullity appeal proceedings and for the infringement defendant's legitimate interest to take legal action after expiry of the patent.
Daidalos: Discover the world of ideas!
At www.daidalos.blog we present to you the ideas that are driving society forward today – including everything from technical marvels to practical everyday inventions. And we also present the clever minds behind these ideas: innovative German companies and their inventors.
Whether fire or photography, steam engine or jet plane – the history of mankind is filled with ingenious ideas that help to improve our living conditions. To this day, we know that such innovations create value and are a driving force of our society. We would like to make this valuable influence of innovations known to a broad public and thus strengthen the image of inventors in Germany (unfortunately, Daidalos is currently only available in German).