In a landmark decision, the Unified Patent Court’s (UPC) Local Division Mannheim set standards for enforcing standard essential patents (SEPs) and for negotiating fair, reasonable, and nondiscriminatory (FRAND) licenses under SEPs. In line with the framework previously established by the Court of Justice of the European Union in Huawei Technologies Co. Ltd. v. ZTE Corp., the judgment outlines the obligation on parties in FRAND negotiations. Panasonic Holdings Corp. v. Guangdong OPPO Mobile Telecommunications Corp., Ltd., OROPE Germany GmbH, Case No. UPC_CFI_210/2023; ACT_545551/2023 (Local Division Mannheim Nov. 22, 2024) (Tochtermann, J.; Bötter, J.; Brinkman, J.; Loibner, TJ.)
UPC Issues First FRAND Decision
By Dr. Henrik Holzapfel and Dr. Laura Katharina Woll, LL.M. on December 20, 2024
Dr. Henrik HolzapfelDr. Henrik Holzapfel advises on all aspects of intellectual property law. He focuses on litigating patents, including the enforcement of patents essential to industry standards and FRAND defenses. Henrik also has extensive experience in litigating trade secret matters. Other areas of his practice include advising on IP licensing agreements, including advice on European competition law, drafting R&D agreements and advising on employees’ inventions. Henrik’s clients represent a wide variety of industries such as IT, pharmaceutical, biotech, medical devices, chemicals, automotive and engineering. Read Dr. Henrik Holzapfel's full bio.
Dr. Laura Katharina Woll, LL.M.Laura Katharina Woll focuses her practice on intellectual property and dispute resolution, working for German and international clients. As UPC Representative, she specializes in litigating before the Unified Patent Court. She also advises on standard-essential patents (SEPs) and FRAND defenses. Other areas of her practice include drafting and negotiation of business agreements such as IP licensing agreements as well as trade mark law issues and domain disputes. Read Laura Woll's full bio.
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