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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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