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CJEU AG opinion sets high bar for SEP owners

James Nurton, London


An owner of a standard-essential patent (SEP) who has committed to license on FRAND terms abuses its dominant position by seeking an injunction when the alleged infringer is willing to take a licence

That is the view of CJEU Advocate General Melchior Wathelet (right), who issued his Opinion in the Huawei Technologies v ZTE case (C-170/13), referred from the German courts, today. The Opinion is not binding on the Court, which is expected...


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