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Matteo Mariano - University of Pennsylvania Law School, LLM

LLM Perspectives Online Publications

Huawei v. ZTE: Integrating Good Faith Without Foregoing the Right to Enforce Your FRAND-Encumbered Standard-Essential Patents

Despite the lack of harmonious EU-wide contract rules, the Court of Justice's injunction analysis in Huawei v. ZTE is well-aligned with US contract law principles. By imposing behavioral standards via principles of "good faith" and "fair dealing," Huawei addresses several dangers and abuses of SEPs, FRAND terms, and license negotiations.…

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