FRAND: German Case Law and Global Perspectives

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.