• EU Advocate General: No Injunction against Users of Standard Essential Patents without an Offer to License
  • February 27, 2015 | Authors: Mark A. Prinsley; Gillian Sproul
  • Law Firm: Mayer Brown International LLP - London Office
  • The owner of a standard essential patent (SEP) may have to make a licence offer before seeking an injunction, following the non binding opinion of the Advocate General in the Huawei/ZTE case before the EU’s top court. The Court of Justice of the European Union is set to rule on a reference from the Regional Court of Düsseldorf, asking for guidance on the application of the EU prohibition on abuse of market dominance to the enforcement of SEPs.