Reference for preliminary ruling in the Nokia Daimler Dispute falls as Daimler Signs a Patent Licensing Agreement

The dispute in a (tiny) nutshell

At its simplest, the dispute between Nokia and Daimler concerned the level at which standard essential patent (“SEP”) licences should be available. Daimler took the position that the presence of SEPs and Nokia’s undertaking to the European Standard Organization ETSI meant that Nokia was under a duty to licence to allcomers (on FRAND terms) and a refusal to do so, constituted an abuse of dominance.

Questions referred by the Düsseldorf Regional Court

The Düsseldorf Regional Court had taken advantage of the litigation between Nokia and Daimler to request clarifications on the questions left open by the CJEU Huawei/ZTE judgment delivered on 16 July 2015. The Huawei/ZTE doctrine determined the conditions under which a SEP holder, that had given an irrevocable commitment to grant a licence on FRAND terms, would not abuse its dominant position by bringing a patent injunction against an SEP user/implementer.

The questions referred to the CJEU for preliminary ruling covered mainly whether a SEP holder could abuse its dominant position if it refused to grant a license to suppliers. The Regional Court also requested several clarifications on the Huawei/ZTE framework for negotiations between patent users and SEP users.

Downside of the settlement for third parties

Since the originating case has now been withdrawn from the Düsseldorf Regional Court, the CJEU will not have the opportunity to give an answer to the questions asked. You can follow this link for the official translation of the referral.

For more information please contact Bróna Heenan and Louis Delvaux.