FRAND objection: German Federal Court of Justice, judgment dated May 5, 2020 – docket no. KZR 36/17

By its recently published judgment dated May 5, 2020, docket no. KZR 36/17, the German Federal Court of Justice for the first time interpreted and applied the requirements that were defined by the ECJ in its “ZTE vs. Huawei” decision (C-170/13, hereinafter ECJ decision). Contrary to the case law of the courts of lower instances to date, the German Federal Court of Justice imposes high requirements with regard to the alleged patent infringer’s willingness to take a license. As regards other aspects, in contrast, it confirms the position of the courts of lower instances.

A copy of the full summary can be accessed here.

Reported by Dr. Jan Bösing and Prof. Dr. iur. Tilman Müller-Stoy, Bardehle Pagenberg