In a case (C-170/13) referred by the German Court to the Court of Justice of the European Union on standard-essential patent (SEP), the Advocate General Melchior Wathelet delivered his non-binding opinion to the Court suggesting that the owner of a standard-essential patent that seeks corrective measures or brings an prohibitory injunction without informing the alleged infringer about the infringing action in writing, giving reasons, and specifying the SEP concerned and the manner in which it has been infringed by the infringer, would be liable of abuse of a dominant position.

“The SEP-holder must, in any event, present to the alleged infringer a written offer of a licence on FRAND terms which contains all the terms normally included in a licence in the sector in question, in particular the precise amount of the royalty and the way in which that amount is calculated”, the Advocate General noted.

For more information and to read in full the Advocate General’s opinion, please click here.

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Source
Court of Justice of the EU (www.curia.europa.eu)