SISVEL vs. HAIER Levelling the Playing Field for Patent Owners and SEP Implementers

15 Dec 2020

December 15, 2020 - 11:30 AM - 1:00 PM EST / 5:30 PM - 7:00 PM CET

On November 25, the German Federal Supreme Court (BGH) confirmed its May decision in the parallel Sisvel vs. Haier patent infringement case, marking the fourth victory in 2020 for Sisvel at the BGH in its dispute with Haier in Germany and ending this litigation. While the written reasoning will take several weeks to release, the court is expected to ratify the key findings from the May ruling, which include that:

  • The infringer “must clearly and unequivocally declare his willingness to conclude a license agreement with the patent holder on reasonable and non-discriminatory terms and must also subsequently participate actively in the license agreement negotiations in a target-oriented manner.” Failure to do so provides exposure to injunctive relief; Factors include, for example, whether the infringer continuously asks for additional technical information, particularly information that is otherwise available. Potential licensees shall, for example, retain experts to analyze the license offer.

  • Defenses based on regional license counteroffers to globally based license offers do not pass muster.

  • The definition of FRAND does not require the same rate for all licensees.

  • An infringer who refuses to meet his FRAND obligations loses the ability to rely on FRAND to import license terms.

The webinar discusses the significance of the Sisvel ./. Haier decisions as precedents in the German judicial system, what this will mean for the lower courts, and the impact the decisions will have at a global level.

Our distinguished panel includes:

  • Professor Dr. Christian Rohnke

    , Partner, Rohnke Winter.

  • Sir Robin Jacob

    , former senior patent judge in the United Kingdom, and current Sir Hugh Laddie Chair in Intellectual Property Law at University College London.

  • Garrard R. Beeney

    , Partner, Sullivan and Cromwell.

  • Florian Cordes

    , Sisvel, Head of European IP Litigation.

Moderator will be Mattia Fogliacco, President at Sisvel Group.

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