Topics: Art. 102 TFEU
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LD Hamburg, August 24, 2026, Decision on Infringement Action with Counterclaim for Revocation, UPC_CFI_495/2025 and UPC_CFI_494/2025
A SEP holder is only required to offer a single FRAND-compliant licensing route: pool or bilateral (hn. 1): Competition law does not require a patent holder to offer both a pool licence and a bilateral licence; indicating one route that meets FRAND requirements is sufficient, aligning with prior LD Munich case law (Huawei v Netgear).…
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LD Düsseldorf, July 23, 2026, Decision on infringement and validity, UPC_CFI_87/2025 and UPC_CFI_488/2025
FRAND behaviour: consent to amend NDA required: If an NDA between the parties prevents one party from making submissions or producing documents, and the other party, without reasonable justification, refuses to amend the NDA to enable such production, this shall be to the detriment of the latter party (headnote 1, Sec. 352 et seqq.).In such…
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LD Mannheim, April 20, 2026, Order, UPC_CFI_1291/2026, Anti-Anti Suit Injunction against “Interim Licence” application before Chinese Court
The UPC has jurisdiction to issue an AASI to secure pending patent infringement proceedings before the UPC (Art. 31, 32(1)(c), 33(1)(a) UPCA) (mn. 16 et seq.): Imminent infringement of patents within the meaning of Article 32(1)(a) UPCA is not only its unlawful use. Also the application for a foreign injunction with the aim to prevent…
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Düsseldorf LD, March 18, 2026, Decision on infringement action and counterclaim for revocation, UPC_CFI_135/2024, UPC_CFI_477/2024
In the FRAND context, a dominant position may exist where consumers expect standard-compliant smart TVs to decode all video codecs covered by the standard: The Düsseldorf Local Division held that a dominant position within the meaning of Article 102 TFEU may arise if smart TVs complying with a common standard cannot realistically be marketed without…
3 min Reading time→
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