FRAND Objection: Higher Regional Court Of Munich, Final Judgment Dated March 20, 2025

Docket no. 6 U 3824/22

In its final judgment dated March 20, 2025, the Higher Regional Court of Munich commented for the first time on the FRAND objection in a decision in principal proceedings. The Higher Regional Court of Munich rejects the strictly sequential examination of the obligations of the SEP holder and the user defined by the ECJ ("Huawei v. ZTE", C-170/13), as advocated by, inter alia, the European Commission as amicus curiae, but opens up the possibility for the user to have the content of the SEP holder's license offer checked for its FRAND compliance by providing a security.

1. Facts of the case

The decision was based on the following facts and circumstances: