The future of FRAND injunction

Abstract

The CJEU's famous Huawei/ZTE case has added a FRAND layer to general patent injunction law for SEPs. In spite of this specific grid, SEP/FRAND injunction litigation remains rampant, courts are both granting and denying injunctions. The present contribution reviews recent case law from Germany and the UK, assesses its achievements and shortcomings, discusses the impact of the general patent law discourse on a more proportionally based, more flexible granting of injunctions, and suggests some ways forward.