Higher Regional Court Düsseldorf – “Preliminary Injunction and FRAND“ - as to the duties of the SEP owner”

By decision of July 18, 2017, the Higher Regional Court Düsseldorf elaborated on the duties of the SEP owner who wants to enforce its patent by means of a preliminary injunction (I-2 O 23/17): The SEP owner needs to submit a license offer on FRAND (Fair, Reasonable, and Non-Discriminatory) conditions immediately when noticing infringement. This needs to be done even when a decision in opposition or nullity proceedings is still to be expected. Any offer that is not FRAND, and the delay associated therewith is detrimental when requesting a preliminary injunction.

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