The SEP minefield in Europe

The Court of Justice of the European Union’s (CJEU) decision in Huawei v ZTE introduced new guidelines on abuse of a dominant position where a prohibitory injunction is sought by a dominant owner of a standard-essential patent (SEP). Although the decision certainly sheds light on what is expected from dominant SEP owners and alleged infringers, many uncertainties remain to be clarified and potential legal challenges are likely to arise for both parties.