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...

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...

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...

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,...

ssential patents (SEP) and their enforcement and/or defense against their enforcement, including FRAND issues and related licensing matters. Additionally, he is an expert on comprehensive...

whole (connected cars, electric vehicles). With regard to her contractual practice, Anna focuses on FRAND negotiations, R&D and TT contract design and contract management, and the relevant (EU)...

education – Eidenmueller Hacke Fries”) and has particular experience in contractual practice, including FRAND negotiations.

Nuestra actividad se centra, entre otros aspectos, en el asesoramiento en negociaciones de condiciones FRAND en el marco de procedimientos de violación de patentes esenciales de estándares...

of his work is on telecommunication technology. Since he has contributed to various proceedings on FRAND licenses, Sebastian Horlemann also has comprehensive knowledge on standard-essential...

he is a much sought-after partner for clients acting on the international stage, particularly in FRAND and SEP cases. Volkmar is one of the rare German trial lawyers who has both a full...

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...