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EU regulator publishes opinion submitted to German court in 4G patent fight between VoiceAge EVS and HMD Global

( August 2, 2024, 01:59 GMT | Official Statement) -- MLex Summary: The European Commission published a formal opinion it submitted to the Higher Regional Court in Munich in a dispute between VoiceAge EVS and HMD Global over patents used for voice calls on 4G networks. In the German-language amicus curiae filing, the EU executive said it wanted to ensure a uniform interpretation and application by national courts of the procedural and substantive framework laid down by the EU Court of Justice in the Huawei v ZTE ruling. While the EU takes no position on how the pending appeal should be decided, the opinion said that non-compliance with the second step of the Huawei framework couldn't be resolved after a patent holder files an application for an injunction. Doing so would render the entire Huawei framework obsolete as standard-essential patent holders would be incentivized to immediately file for an injunction and SEP users would be incentivized to immediately complain of an abuse of a dominant position without having negotiated a license previously.See attached document....

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