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FRAND: German Case Law and Global Perspectives

FRAND: German Case Law and Global Perspectives

Author: Peter Georg Picht; Thomas F. Cotter; Erik Habich
Publisher: Edward Elgar Publishing
ISBN: 9781800881709
Published In: October 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,782.00

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Description
Contents

Details

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.

PART I. GERMAN CASE LAW

Willingness to license on FRAND terms 2

Erik Habich

FRAND offer 79

Erik Habich, Peter Georg Picht, and Thomas F. Cotter

Reaction duties and frand counteroffer 154

Erik Habich and Peter Georg Picht

Confidentiality 193

Erik Habich

FRAND licensing and SEP transfer 239

Erik Habich

Damages claims 249

Erik Habich

Anti-Antisuit Injunctions 259

Peter Georg Picht

PART II. GLOBAL PERSPECTIVES

US and German approaches to FRAND disputes: like ships that pass in the night 275

Thomas F. Cotter

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