Orange-Book-Standard, Federal Court of Justice (Bundesgerichtshof), 06 May 2009

The Federal Court of Justice (Bundesgerichtshof) ruled that a defendant in a patent infringement suit may successfully raise an antitrust defense against the issue of an injunction where the asserted patent is standard-essential and the defendant has tried to obtain a license to the patent under reasonable conditions.

The full summary of this case has been published on Kluwer IP Law.