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Exotic Creatures of the Deep – Huawei Technologies v. ZTE at the CJEU

14577981619_deea0f3276_mStandards Essential Patent (SEP) matters are the giant squid of the intellectual property ocean.  Enormously powerful and capable of making or disrupting the commercial plans of some of the world’s largest companies, they prowl a zone so mired in technical complexity and commercial confidentiality that their mighty struggles are largely obscured from view, despite their potential to swing hundreds of millions – even billions – of dollars from one group of companies to another.  Under these circumstances, it is not so surprising that a universally respected commenter on IP matters openly wondered what all the fuss was about after delivering an impeccable summary of the most important decision in this area for several years.  At first sight, the lack of excitement is understandable – the decision just seems to be a lot of stuff about who should do what when and looks about as thrilling as the rules for filing a tax return.  Let us, in the manner of James Cameron descending into the Challenger Deep, see if we can shed a little light on the ecosystem of the sea bed and explain why this decision might matter. (more…)