The Higher Regional Court Karlsruhe decides about compulsory license defense

On February 27, 2012, the Higher Regional Court Karlsruhe has rendered a decision defining the requirements of a successful compulsory license defense in a precise manner. The plaintiff tried to enforce a first instance judgement which found infringement of patents covering the GPRS (General Packet Radio Service) standard. The defendant offered the conclusion of a license agreement and raised the argument that denying the conclusion of a license agreement would violate anti-trust law (compulsory license defense). The Higher Regional Court Karlsruhe provisionally stopped the enforcement of the first instance judgement and defined the following conditions which the offer of a license agreement must meet: The licensee has to waive all defense arguments related to the cease and desist obligation and the obligation to pay damages. He, however, has not mandatorily to waive all defense arguments related to the amount of a reasonable license fee.