http://www.fosspatents.com/2013/03/german-court-refers-huawei-zte-standard.html
This article talks about German Dusseldorf Regional Court referring to the highest court in Europe, the Court of Justice of the European Union(CJEU). Dusseldorf Regional Court hears more patent infringement cases then any court in Europe, so it is quite surprising to see that they are unable to make a decision. The reference was ordered on the Huawei vs. ZTE case, two giant Chinese telecommunications hardware makers. The Court was unsure of how to proceed and present CJEU with five fundamental questions over the different remedies available to holders of FRAND (explained in previous post)-pledged SEP concerning the availabilities of remedies to holders of FRAND-pledged SEPs (standard essential patents).
The call upon CJEU will actually affect how all cases will be held and be used as a principle for further cases throughout Europe, meaning it will affect any case after CJEU responds to Dusseldorf Court. The case between Huawei and ZTE concerns over 4G/LTE cellular telecommunication patents, where Huawei claims ZTE infringes on their patents. Prior, two different cases between the two companies ended in two different results: one found ZTE infringing and other did not. It ended with Huawei licensing their patent to ZTE. However, now with this new case, their is a question in how Dusseldorf should continue.
I think it will be interesting to see what happens in this case as this case (which may seem small, probably because I have never heard of either companies). Further reading the article points out how this case may in fact affect patent infringement cases between Samsung and Google also occurring in Dusseldorf! This could be a huge impact on such large companies in the Europe!!
Thoughts?
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