Press Release: Advocate General’s Opinion in Case C-170/13. Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH

According to Advocate General Wathelet, the proprietor of a standard-essential patent may be required, before seeking an injunction against a company that has infringed that patent, to make that company a specific licensing offer.

That applies where the proprietor of the patent is in a dominant position and has made a commitment to the standards body to grant third parties a licence on fair, reasonable and nondiscriminatory terms and where the infringer is ready, willing and able to enter into such a licensing agreement.