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ARTICLE · 29 NOVEMBER 2024

UPC First FRAND Judgment Results In Injunction Against OPPO

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The UPC issued its first-ever injunction enforcing European patent no. 2568724 B1, a Standards Essential Patent (SEP) rejecting a FRAND defence in a dispute between Panasonic...

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Susan Keston
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Panasonic Holdings Corporation v Guangdong OPPO Mobile Telecommunications Corp. Ltd & anor UPC_CFI_210/2023 – Mannheim Local Division (Tochtermann, Böttcher, Brinkman & Loibner) – 22 November 2024.

The UPC issued its first-ever injunction enforcing European patent no. 2568724 B1, a Standards Essential Patent (SEP) rejecting a FRAND defence in a dispute between Panasonic and the Chinese implementer OPPO. The Mannheim LD found the patent valid and infringed by OPPO and also found it to be essential to the 4G standard. The Mannheim LD took a pragmatic rather than formalistic approach to the steps set down in Huawei v ZTE for FRAND licensing negotiations. This required a detailed assessment of the respective conduct of the parties in the context of those negotiations.

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