Read here a proofread English version of the original German version of the first FRAND judgement of the UPC: LD_Mannheim_Panasonic_Oppo_judgement_en_pdf
The Local Division Mannheim rules for the first time on FRAND issues on the merits and provides an initial outlook to the UPC`s interpretation of the CJEU`s Huawei vs. ZTE framework. Key aspects of the judgement include: Willingness must be clearly expressed from the beginning, but the willingness assessment does not stop there. The SEP owner shall explain the FRAND character of its offer in a comprehensible manner but does not always need to disclose comparable licenses. The concept of FRAND may cover a range of potential rates, not one single rate. The UPC may have jurisdiction for FRAND counterclaims (although the counterclaim was dismissed in the case). The further development of SEP litigation before the UPC remains exciting; the decision may be appealed, unless the case is settled as some commentators seem to suggest.
By Sven Krause and Antonia Wilhelm