WIPR Leaders 2018: Germany patent practice update

The fair, reasonable, and non-discriminatory terms (FRAND) discussion has again picked up in Germany after several decisions were issued by the courts in Düsseldorf and Mannheim following the CJEU decision in Huawei v ZTE. Currently, one of the cases decided by the Court of Appeal of Düsseldorf (Sisvel v Haier) is pending before the Federal Court of Justice (FCJ) (docket no. KZR 36/17), which will now have the opportunity to revisit its findings in the earlier Orange Book judgment of 2009.