How to Win the Standard Essential Patents Battle: Analysis of the CJEU's Huawei v. ZTE Decision

摘要

On July 16, 2015, the Court of Justice of the European Union delivered its much-anticipated decision in Huawei v.ZTE (Case C-170/13) (see "CJEU Reins in Mobile Phone Patent Battles" [29 WIPR 11, 8/1/15]). The decision addresses the question of whether, and under what circumstances, it is an abuse of a dominant position to seek an injunction for infringement of a standard essential patent ("SEP").