German Federal Court of Justice FRAND Judgment in Sisvel v. Haier
July 23, 2020
The German Federal Court of Justice (“FCJ”) recently published its long-awaited judgment in the patent dispute Sisvel v. Haier (Case No. KZR 36/17).
The FCJ has now given guidance on those requirements, in particular holding that the implementer of an SEP must express “unconditional willingness” to take a license on FRAND terms. Such “unconditional willingness” is lacking if the implementer employs any delaying tactics or imposes conditions such as a prior court ruling that the SEP in question is valid and infringed.
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