European Court rules on an SEP holder’s right to seek an injunction

The European Court has provided further guidance on when the holder of a standard essential patent (SEP) can apply for an injunction against an alleged infringer and in what circumstances the raising of injunction proceedings can amount to an abuse of a dominant position.

21st July 2015

In Huawei v ZTE the European Court provided further guidance on when the holder of a standard essential patent (SEP) can apply for an injunction against an alleged infringer and in what circumstances the raising of injunction proceedings can amount to an abuse of a dominant position. The European Court largely followed the earlier opinion from the Advocate General by telling the parties that they need to behave reasonably and diligently in negotiations.

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