The owner of a standard essential patent (SEP) may have to make a licence offer before seeking an injunction, following the opinion of the Advocate General in the Huawei/ZTE case before the EU’s top court. The Court of Justice of the European Union is set to rule on a reference from the Regional Court of Düsseldorf, asking for guidance on the application of the EU prohibition on abuse of market dominance to the enforcement of SEPs.

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