In 2019, Nokia filed a series of patent infringement complaints
against Daimler before several German courts. Nokia alleged that
connected cars made by Daimler infringed Nokia's patents. Nokia
considered the relevant patents as essential for certain wireless
communication standards. Nokia v. Daimler, Case No. 2 O
34/19 (Mannheim District Court). On 18 June 2020, the litigation
took a surprising turn: The German competition authority, the
Federal Cartel Office (FCO), filed an amicus curiae brief
with the relevant patent infringement courts (FCO docket no.
P-66/20).
The FCO's amicus curiae brief addressed a specific
question in dispute between Nokia and Daimler: Can Nokia lawfully
enforce standard-essential patents (SEPs) against Daimler while
refusing to grant licenses under the relevant patents to suppliers
of Daimler?
