The Landgericht Düsseldorf’s (Düsseldorf District Court) decision to refer “LTE standard“

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With the patent infringement case “LTE-Standard“ the Landgericht Düsseldorf has on 21 March 2013 deviated from the hitherto established practice and challenged the Bundesgerichtshof’s (German Federal High Court of Justice) case law regarding the applicability of the defence of compulsory licence as laid down in the landmark decision “Orange-Book-Standard“. The practical implications are significant.

A. Facts of the case -

The subject of the proceedings is a patent infringement lawsuit against a Chinese competitor as well as against the German distribution company based on the alleged infringement of the European patent EP 2 090 050 (”patent-in-suit”). The patent-in-suit relates to the area of mobile communications technology and protects a method and apparatus of establishing a synchronisation signal in a communication system.

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