A state of flux: the Huawei v ZTE FRAND framework
In November 2017, the European Commission issued its Communication on Setting out the EU approach to Standard Essential Patents (SEPs), adding more pieces to the Huawei v ZTE (2015) application framework puzzle. The Huawei case outlined the circumstances in which seeking injunctive relief in patent disputes over SEPs would constitute an abuse of the SEP owner’s dominant position in violation of article 102 of the Treaty on the Functioning of the European Union (TFEU).
