ECJ rips up Orange Book! New standards in Europe for SEP injunctions | White & Case LLP International Law Firm, Global Law Practice
ECJ rips up Orange Book! New standards in Europe for SEP injunctions

ECJ rips up Orange Book! New standards in Europe for SEP injunctions

Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE[1] explaining when EU competition law will prevent holders of patents that are essential to comply with a standard (SEPs) from seeking an injunction against a willing licensee.

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[1] – Judgment of the Court of Justice of 16 July 2015 in Case C‑170/13, Huawei Technologies Co. Ltd v. ZTE Corp. and ZTE Deutschland GmbH, not yet reported.

 

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