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FRAND licensing terms - German court refuses to grant an injunction to the owner of "essential" patents where the licence offered did not comply with antitrust law

  • Bird & Bird
  • -
  • Germany
  • -
  • April 30 2007

In a landmark decision on 13 February 2007 in an action conducted by Bird & Bird's German office, the Regional Court of Düsseldorf, Germany's leading court in patent infringement matters, rejected four claims of patent infringement relating to patents declared to the European Telecommunications Standardisation Institute ("ETSI") as being "Essential" patents for the implementation of the GSM telecommunication standard on the ground that the patentee did not offer the defendant a licence on fair, reasonable and non-discriminatory ("FRAND") terms