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Publication Detail
Lessons from Huawei v. ZTE
Abstract
The judgment of the European Court of Justice (CJEU) in Huawei v. ZTE4 has provided valuable guidance on the circumstances when a holder of a Standard Essential Patent (SEP) which has given a commitment to license the SEP on FRAND terms is entitled to seek an injunction against an implementer without acting in breach of competition law. In doing so, the CJEU has set out a number of important principles relating to patent rights that we describe further below. However, it also leaves some important questions unresolved. We explain the significance of the decision and offer some suggestions as to its proper interpretation and application. We also consider whether it would be desirable for the European Commission to issue some form of official guidance following the decision, notably on the steps that patentees and implementers must take, respectively, to obtain or avoid an injunction in the context of a FRAND dispute.
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