Cases in which FRAND licences are discussed, and where if no licence is taken an injunction is requested, more closely resemble unpaid debt claims then IP-related cases and are thus less suitable for preliminary proceedings. Further, the fact that the case was complex, not only in relation to the patented subject-matter but also because of the international implications, led the judge to the conclusion that the case was not suitable for preliminary proceedings.
Case date: 01 August 2019
Case number: C/09/573969 / KG ZA 19-462C/09/574487 / KG ZA 19-487
Court: Provisions Judge of the District Court of The Hague
A full summary of this case has been published on Kluwer IP Law.