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The Rio de Janeiro Court of Appeals has issued a landmark ruling in a standard essential patent dispute between Panasonic and HMD, establishing that offering only a pool license can satisfy FRAND obligations under Brazilian law. The decision marks a significant development in Brazil's growing role as a venue for SEP licensing disputes and addresses questions about what constitutes good faith licensing behavior.
within Intellectual Property, Criminal Law and Corporate/Commercial Law topic(s)
in Asia
The Rio de Janeiro Court of Appeals has upheld a preliminary injunction against HMD in an Advanced Audio Coding (AAC) SEP case filed by Panasonic. In doing so, the Brazilian appellate court held, for the first time, that a licensor meets its FRAND obligation by offering an implementer only a pool licence.
The appeals court also called out HMD for its “uncooperative” and “delaying” conduct during the proceedings.
As such, the ruling enriches Brazil’s FRAND case law as the country grows in popularity as a venue for SEP licensing disputes. It is also a setback for HMD, which is on the receiving end of various SEP lawsuits around the world.
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