In the mobile patent dispute between network supplier nokia and carmaker daimler, key questions are now to be clarified by the european court of justice.
The dusseldorf regional court will submit a case to the luxembourg judges, it announced on thursday (az. 4c O 17/19). Nokia accuses daimler of patent infringement in connection with mobile phone technology in cars before various courts and sues for injunctive relief in each case. At the mannheim regional court in august, the network outfitter was successful in one case, but not in another. Nokia has already caught on in munich, too.
At the heart of the dispute is how so-called standard essential patents, the use of which is absolutely necessary for the use of the technology, are made available to all providers on fair terms and without discrimination. According to the court, nokia is free to decide at which level licenses are awarded, i.E. Directly to car manufacturers or to their individual suppliers. Daimler, on the other hand, believes that suppliers should be able to license their products directly themselves.
Like the mannheim district court before them, the dusseldorf judges also assume that daimler is infringing a nokia patent in this specific case. At the same time, however, you raise the question of whether the network provider is abusing its "indisputably dominant position on the licensing market" when it asserts its claims. An appeal against the decision is still possible to the higher regional court.
Nokia spoke of "purely academic" issues, as licensing offers had been made to both daimler and its suppliers. Rulings by other courts in favor of nokia are not affected by the current decision. "Daimler has been using nokia’s technology for 14 years and has looked for all possible ways to avoid paying for it," heil added. Further action will now be discussed.
Daimler buried the decision. This means that the questions about licensing the patents could now be answered fundamentally and on a europe-wide basis, said a spokesman, pointing out that the federal cartel office had also suggested such an approach.