Companies in the telecommunications sector and those developing connected products have long waited for a verdict from the German Federal Court of Justice on the rules for SEP litigation based on the ECJ's Huawei v. ZTE ruling. It now seems that they will have to wait a bit longer after the case was recently withdrawn following a settlement.
There may be other FRAND cases in the pipeline in Germany, but this development makes you wonder whether it would be beneficial to allow a court to voice its opinion even after the parties settle. The statement from the UK Supreme Court suggests there may still be a judgement even if the case is withdrawn.
The individual case may not have settled with the prospect of the court commenting on the merits of the claim in retrospect. A judgement would, however, have provided more clarity for numerous other cases, in particular on how the German position relates to the decisions from the UK courts on FRAND issues.
The Supreme Court spokesperson says, “The parties would need to submit an application in order to withdraw the case. The Supreme Court has not received such an application. If an application is received, it will be for the justices to decide how the Court should proceed and whether a judgment will still be issued.”
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