ECJs decision on the infringement of standard essential patents expected for 2015

In April 2013 the Landgericht Düsseldorf referred inter alia the following questions to the European Court of Justice (C-170/13):

Does the proprietor of a standard-essential patent who informs a standardisation body that he is willing to grant any third party a licence on fair, reasonable and non-discriminatory terms abuse his dominant market position if he brings an action for an injunction against a patent infringer although the infringer has declared that he is willing to negotiate concerning such a licence?


is an abuse of the dominant market position to be presumed only where the infringer has submitted to the proprietor of a standard-essential patent an acceptable, unconditional offer to conclude a licensing agreement which the patentee cannot refuse without unfairly impeding the infringer or breaching the prohibition of discrimination, and the infringer fulfils his contractual obligations for acts of use already performed in anticipation of the licence to be granted?

The hearing took place on September 11, 2014. Judge Kühnen, the presiding judge of the Higher Regional Court of Düsseldorf expects a decision for 2015.

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