Analysis

3 Takeaways From Landmark German FRAND Decision

Law360 (July 15, 2020, 7:46 PM EDT) -- Germany's top court provided long-awaited guidance this month over how companies are expected to act when negotiating fair, reasonable and nondiscriminatory licenses for standard essential patents, penning a decision that attorneys say will make Germany the venue of choice for patent owners in licensing disputes.

In Sisvel v. Haier, the German Federal Court of Justice said the entire burden of offering a FRAND license can't fall on the patent owner. The 41-page decision — issued in July to explain the court's initial May ruling — also says patent owners can still meet FRAND requirements when requiring licenses to include large, multinational...

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