Sisvel is claiming victory over Haier after a final German Federal Court of Justice ruling, which the patent pool operator said is a win for standard-essential patent (SEP) owners against “efficient infringement” strategies.
On May 5 the German Federal Supreme Court heard the arguments in the case between Sisvel and Haier regarding Sisvel’s request for injunctive relief for infringement of cellular standard essential patents (SEPs) owned by Sisvel. The decision rendered on May 5, marks the final decision on 6-year-long legal dispute between Sisvel and Haier.
After the second instance court had found that Sisvel's licence offer was not FRAND because Sisvel had offered different terms to another licensee, the Federal Court of Justice came to the opposite conclusion. Notably, the court requires the implementer to do more than declare a willingness to license, but to convey that the implementer is willing to license at FRAND terms, whatever such terms ultimately turn out to be. In the hearing, the judges made reference to the UK case in Unwired Planet v. Huawei. Apparently, Haier did not show the necessary willingness according to the court's standard.
