German court refers Nokia v Daimler to CJEU

Today the Higher Regional Court of Düsseldorf referred Nokia’s case against Daimler to the Court of Justice of the EU to get further clarity on the standard essential patent dispute between the two companies.

It marks another step in the battle over fair, reasonable and non-discriminatory licensing. Earlier this year, the Regional Court of Mannheim issued an injunction against Daimler for infringing Nokia’s patents.

The European court has been asked to consider whether Nokia is abusing its dominant position as an SEP owner by refusing to issue a licence to Daimler's suppliers and instead seeking a licence from the end user, in this case, Daimler. 

Also under consideration is whether SEP owners have the right to choose which company in the supply chain to sue for an injunction over patent infringement.

For more on this case and its potential implications, read our article from Tuesday.