end. If the license offer made by the Plaintiff is not FRAND, the FRAND defense is justified; if the Plaintiff’s license offer is FRAND, the FRAND defense is unjustified. If the latter is the...

with FRAND terms is irrelevant. The Court argued that the FRAND compliance of the counter-offer is ultimately irrelevant in all constellations: If the SEP holder’s license offer was FRAND, the F...

the FRAND game. In this webinar, our SEP experts Dr. Tilman Müller and Dr. Jan Bösing will explore these recent developments and their impact on SEP and FRAND litigation. They will focus on: FRA...

have claimed the authority to determine worldwide FRAND terms. It raises the question why the EUIPO is believed to be competent to decide about FRAND royalties for patents and products/services...

possibly not yet in line with FRAND terms in every aspect. The Court states that this is because the presence of FRAND terms cannot be examined abstractly in the context of the FRAND objection,...

for the FRAND objection, the Mannheim District Court cites the case law of the European Court of Justice ( Huawei v. ZTE , C-170/13) and the German Federal Court of Justice ( FRAND-Einwand, FRAN...

to determine FRAND rates. Predictability could be a major concern considering that a panel of two more or less experienced conciliators should come up with FRAND terms, particularly a FRAND rate...

willingness to conclude a licensing agreement on FRAND terms, the patent owner must present to the infringer a specific, written offer for a license on such FRAND terms, specifying, in...

adapted its previous practice regarding FRAND objections to the guidelines of the German Federal Court of Justice following the latter’s decisions FRAND-Einwand and FRAND-Einwand II ....

third-party license agreements, and the scope of the claim for rendering of accounts in case of a lack of FRAND-compliant conduct by the SEP holder. 1. Facts of the case The Plaintiff holds a...

(marg. 83). In other words: “ a willing licensee must be one willing to take a FRAND license on whatever terms are in fact FRAND ” (marg. 83 with reference to EWHC, decision dated April 5, 2017,...

Tilman Müller-Stoy and Jan Bösing will discuss the essence of German and European case law on SEPs and FRAND which has developed quickly, reaching the level of the highest courts. A further...

ssential patents (SEP) and their enforcement and/or defense against their enforcement, including FRAND issues. Additionally, he is an expert on comprehensive damages proceedings. Dr. Dominik...

adoption of EPO standards or development of an independent approach? Emerging case law on SEPs and FRAND Preliminary injunctions Please join us in person on Thursday, January 30, 2025, at 5 p.m....

the enforcement of SEPs on the one hand and the defense of compulsory license under antitrust law (FRAND defense) against the assertion of SEPs on the other hand. Dr. Jan Bösing also advises his...

for the LTE and NR cellular standards. On October 31, 2022, Xiaomi responded with non-infringement, FRAND, and invalidity defenses and filed a nullity action against the German part of the...

for the LTE and NR cellular standards. On October 31, 2022, Xiaomi responded with non-infringement, FRAND, and invalidity defenses and filed a nullity action against the German part of EP’033...

longstanding experience in ambitious international high-profile proceedings, particularly in SEP and FRAND cases from the perspective of plaintiffs. We consider the fact that two top-class...