Nokia appeals against CJEU SEP referral
Nokia has challenged the Düsseldorf Regional Court’s decision to refer a standard-essential patent (SEP) licensing dispute between Nokia and Daimler to the EU’s highest court.
The telecoms company submitted its appeal on Thursday, December 10, in a bid to stop the referral of the lawsuit to the Court of Justice of the European Union (CJEU).
Nokia has sued Daimler for infringing its IP and refusing to take a FRAND licence to technology used in connected cars and the suit at issue is part of a larger dispute between the pair.
Daimler, in response, argued that SEPs should be licensed to suppliers, rather than the manufacturers of end-products.
In late November, the Düsseldorf court referred the case, asking the CJEU to clarify whether there is an “obligation for priority licensing of suppliers”, as well as the obligations of patent owners and implementers in patent licensing negotiations.
At the time, the court stayed proceedings, including Nokia’s request for an injunction against Daimler.
Nokia has now submitted its appeal against the referral.
“We have every confidence in our case and the CJEU’s ability to do its job, but we think a referral is unnecessary and have lodged an appeal,” said a Nokia spokesperson.
They added: “Three German courts have now concluded that Daimler is using our inventions without authorisation. This has been going on for 14 years. We have made fair and reasonable offers to Daimler direct, to its tier-one suppliers, and via a patent pool. It’s time for Daimler to do the right thing and agree a licence on the same fair terms as many other car companies.”
The Federal Cartel Office, Germany’s competition regulator, had previously urged German courts to pass the contentious issue to the CJEU.
But a Mannheim court declined to do so on a previous occasion, instead ruling in favour of Nokia and finding that Daimler had not been a willing licensee in negotiations.
Late last month, the European Commission promised to “reduce frictions” and bring down the level of litigation surrounding standard-essential patent licensing in the auto industry, as part of its long-awaited “IP Action Plan”.
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