The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei/ZTE)

e-Concurrences – January  2018

On July 2015, the Court of Justice of the European Union (CJEU) in case C-170/13 ruled on two competing companies (Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH) manufacturing and selling their patented technologies into the market. But what happens in the case of non-competing companies, for instance a non-practicing entity (NPE) vs. a practicing entity?  Should the ECJ decision be applied?

Read the article (subscription may be required)