Hardback
FRAND
German Case Law and Global Perspectives
9781800881709 Edward Elgar Publishing
This book provides a systematic overview of recent German case law on the fair, reasonable, and non-discriminatory (FRAND) licensing of standard-essential patents (SEP). Principal SEP/FRAND concepts are demonstrated and analysed, such as willingness to license, the FRAND offer, reaction duties and the counteroffer, FRAND-compliance of royalties, portfolio transfers, confidentiality disputes and damages.
More Information
Critical Acclaim
Contents
More Information
This book provides a systematic overview of recent German case law on the fair, reasonable, and non-discriminatory (FRAND) licensing of standard-essential patents (SEP). Principal SEP/FRAND concepts are demonstrated and analysed, such as willingness to license, the FRAND offer, reaction duties and the counteroffer, FRAND-compliance of royalties, portfolio transfers, confidentiality disputes and damages. Global forward-looking topics are also considered in relation to German developments, including alternative dispute resolution and anti-suit/anti-anti-suit injunctions.
Key Features:
● Provides clear and detailed analysis on the latest developments in German FRAND/SEP case law, giving readers access to case law which has not previously been available in English.
● Contextualises German SEP/FRAND case law from an international perspective
● Examines the competing approaches to SEP/FRAND issues in prominent jurisdictions
● Presents insightful commentary on how thought leaders and decision-makers perceive the future of SEP/FRAND licensing
This book is essential for legal practitioners in competition law and patent law, particularly judges seeking a readily accessible source of information on this evolving body of law. It is also beneficial to scholars of competition and antitrust law and intellectual property law.
Key Features:
● Provides clear and detailed analysis on the latest developments in German FRAND/SEP case law, giving readers access to case law which has not previously been available in English.
● Contextualises German SEP/FRAND case law from an international perspective
● Examines the competing approaches to SEP/FRAND issues in prominent jurisdictions
● Presents insightful commentary on how thought leaders and decision-makers perceive the future of SEP/FRAND licensing
This book is essential for legal practitioners in competition law and patent law, particularly judges seeking a readily accessible source of information on this evolving body of law. It is also beneficial to scholars of competition and antitrust law and intellectual property law.
Critical Acclaim
‘This book takes a dual-360° look at German standard-essential patent case law: it covers all key aspects of SEPs and FRAND with a view to German law, but also from the perspective of other jurisdictions. Some of the leading patent judges have contributed. This book is highly recommended for practitioners who are now seeking to become familiar with the currently relevant body of German SEP case law.’
– Florian Müller, ip fray, USA
‘This book will be a valuable addition to the literature on the licensing and litigation of standards-essential patents on both sides of the Atlantic. Its detailed attention to German FRAND jurisprudence fills a major gap for North American practitioners and scholars, and its comparative approach will likewise help European advocates, judges and scholars to appreciate the different approaches taken to these issues in the United States. This volume is an essential resource for those interested in the evolving international FRAND litigation landscape.’
– Jorge L. Contreras, University of Utah, USA
– Florian Müller, ip fray, USA
‘This book will be a valuable addition to the literature on the licensing and litigation of standards-essential patents on both sides of the Atlantic. Its detailed attention to German FRAND jurisprudence fills a major gap for North American practitioners and scholars, and its comparative approach will likewise help European advocates, judges and scholars to appreciate the different approaches taken to these issues in the United States. This volume is an essential resource for those interested in the evolving international FRAND litigation landscape.’
– Jorge L. Contreras, University of Utah, USA
Contents
Contents
PART I GERMAN CASE LAW
1 Willingness to license on FRAND terms 2
Erik Habich
2 FRAND offer 79
Erik Habich, Peter Georg Picht, and Thomas F. Cotter
3 Reaction duties and frand counteroffer 154
Erik Habich and Peter Georg Picht
4 Confidentiality 193
Erik Habich
5 FRAND licensing and SEP transfer 239
Erik Habich
6 Damages claims 249
Erik Habich
7 Anti-Antisuit Injunctions 259
Peter Georg Picht
PART II GLOBAL PERSPECTIVES
8 US and German approaches to FRAND disputes: like ships that pass in the night 275
Thomas F. Cotter
9 Judicial treatment of standard essential patents and FRAND royalties, 2010–2022 298
Hon. James L. Robart
10 Determination of the global royalty rate of standard essential patents: judicial jurisdiction and
determination method from Chinese law perspective 303
Guangliang Zhang
11 The paradox of willingness to license through property and liability rule lenses and the
aggregation logic of FRAND: another painting of the cathedral 334
Erik Habich
12 FRAND and level selection – guidance from the exhaustion doctrine and prior case law on
statutory compulsory licensing? 379
Patricia Rombach
13 Anti-anti-suit injunctions 397
Matthias Zigann and Hubertus Schacht
14 Arbitration of FRAND disputes 427
Richard Arnold
15 FRAND ADR under the Data Act and the SEP Regulation 447
Tilman Niedermaier and Peter Georg Picht
Bibliography 477
PART I GERMAN CASE LAW
1 Willingness to license on FRAND terms 2
Erik Habich
2 FRAND offer 79
Erik Habich, Peter Georg Picht, and Thomas F. Cotter
3 Reaction duties and frand counteroffer 154
Erik Habich and Peter Georg Picht
4 Confidentiality 193
Erik Habich
5 FRAND licensing and SEP transfer 239
Erik Habich
6 Damages claims 249
Erik Habich
7 Anti-Antisuit Injunctions 259
Peter Georg Picht
PART II GLOBAL PERSPECTIVES
8 US and German approaches to FRAND disputes: like ships that pass in the night 275
Thomas F. Cotter
9 Judicial treatment of standard essential patents and FRAND royalties, 2010–2022 298
Hon. James L. Robart
10 Determination of the global royalty rate of standard essential patents: judicial jurisdiction and
determination method from Chinese law perspective 303
Guangliang Zhang
11 The paradox of willingness to license through property and liability rule lenses and the
aggregation logic of FRAND: another painting of the cathedral 334
Erik Habich
12 FRAND and level selection – guidance from the exhaustion doctrine and prior case law on
statutory compulsory licensing? 379
Patricia Rombach
13 Anti-anti-suit injunctions 397
Matthias Zigann and Hubertus Schacht
14 Arbitration of FRAND disputes 427
Richard Arnold
15 FRAND ADR under the Data Act and the SEP Regulation 447
Tilman Niedermaier and Peter Georg Picht
Bibliography 477
