LitigationPatent

Nokiaand Harting at the CJEU: The Issues Explained

Two cases pending at the EU Court of Justice (CJEU) address, respectively, questions on the licensing of standard essential patents (SEPs), and the availability of interim measures in litigation. With the hearings expected later this year, IPWatchdog looks at the key issues raised. It is relatively rare for patent cases to come before the CJEU, as there are no EU Directives or Regulations directly governing patents. However, the Court does hear patent cases when they also involve other aspects of EU law, such as Article 102 TFEU, concerning abuse of a dominant position; the Enforcement Directive; and the Biotechnology Directive. In the past few months, the German courts have referred questions in two important patent cases.

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