Nokia and the Daimler Group have enabled their years of patent dispute and agreed on a license agreement. So that Nokia maintains a license for patented mobile technology to the automobile manufacturer and "Preservation in return for payments", How it is in a very narrow message from Tuesday. Daimler also reduces his antitrust complaint submitted to the EU Commission. All procedures to court should now be terminated. Further details do not call companies.
Nokia had sued Daimler from various dishes due to patent infringement and forcing the car maker to acquire a license for the contentious mobile patients. It is about mobile technology for 4G / LTE networks built in most vehicles of the Daimler Group. Because the technique in question belongs to a recognized industry standard (4G), Nokia had to have a license to fair and transparent conditions for each individual (SOG. "Franch"-Principle). The German law allows the patentee but also to choose his license partners.
Frand before the ECJ
With the settlement of the judicial disputes, the proceedings before the European Court of Justice (ECJ). The district court Dusseldorf had injected the European judges in a procedure to clear funds. A central arbitration is whether Nokia Daimler can force under the Frand regime to acquire a license if component manufacturers are awarded themselves. Daimler has also argued in his complaint to the EU Commission that Nokia disapproves his patent power if it wasted the automaker into a license agreement, while suppliers such as Huawei or Continental no license received.
The contentious technologies usually insert into the baseband chips of a semiconductor manufacturer. These use suppliers such as Huawei in mobile modules, which in turn are delivered from a third manufacturer in installed telematics units to the car manufacturer. Daimler had finished some processes because suppliers such as Huawei licensed the patents and took the car maker from the firing line. In a process with Sharp Daimler had also agreed with the patentee.
The discussion of Nokia and Daimler is a patent war part show, the holder of mobile patents against automakers and their suppliers drove. The two counterparties leaked numerous clashes in front of various German courts. Although Daimler had to plug in some defeats, Nokia could not always prevail. The district court Dusseldorf has the central question as to whether Nokia deny the license to a supplier and instead may hold down Daimler, properly submitted to the ECJ.
The anticipated response will no longer give the European judges in this case. Obviously, Nokia was too grossly the risk of a principle judgment, so that the Finns were still looking for the unification. Daimler welcomed the agreement of economic aspects and "Because we avoid long-term jurisdiction". Nokia designated the joint agreement as "important milestone".
But the ECJ was able to play a role in one of the other still running procedures. "In order for the ECJ still answered the question of the license claim of the suppliers, it is now necessary that suppliers such as Continental and Bosch submit their own cartel lawsuits against Nokia", means process observer and patent expert Florian Muller. "Preferably, you should do this in Dusseldorf and thus adhere to Huarweis action against Nokia." The Chinese are throwing the Finn’s competition laws of competition and had sued Nokia to a license.