LESI: Territorial tangle

Almost five years have passed since the ground-breaking decision of the Court of Justice of the EU in Huawei v ZTE in July 2015 (CJEU C-170/13). The European patent courts have digested the procedure outlined by the European judges and analysed the decision extensively. Many of the first decisions deal with the nature of the fair, reasonable and non-discriminatory (FRAND) undertaking and the more formal details of the procedure.