Key Finding in Sisvel vs. Haier: The Implementer Must Show Willingness to Licence

Cordula Schumacher, partner with Arnold Ruess, who represented Sisvel in all lower court proceedings and attended the BGH hearing, describes why the court ruled that implementers must clearly demonstrate their willingness to take a license.Last November’s German Federal Supreme Court (BGH) decision in Sisvel vs. Haier redefined the patent owner/implementor landscape in Germany, and will no doubt influence courts in the EU, the US, and in other key jurisdictions. In December, Sisvel held a webinar entitled Sisvel vs. Haier, Levelling the Playing Field for Patent Owners and SEP Implementers. You can register for and view an on-demand version of the webinar here.One panelist was Cordula Schumacher, a partner with Arnold Ruess, who represented Sisvel in all lower court proceedings and attended the BGH hearing. Here she describes why the court ruled that implementers must clearly demonstrate their willingness to take a license.