Huawei v ZTE: CJEU rules on injunctive relief in SEP disputes

In Huawei v ZTE (Case C-170/13), the CJEU has ruled that the seeking of an injunction by an undertaking with a Standard Essential Patent (SEP) that it has committed to license to third parties on FRAND terms, may, “in certain circumstances”, be an abuse of dominance.

The CJEU has also set out the steps an SEP holder should take before bringing an action for an injunction in order to avoid abusing its dominant position, and the corresponding obligations of the alleged infringer.

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