Case by Case | The Hamburg Local Division provides further guidance on the relationship between patent pool and bilateral licensing, implementer willingness, and the scope of the FRAND defence

Patrick Newlands talks about a Hamburg Local Decision (LD) today from 24 August 2026. The LD issued a significant FRAND decision in Fraunhofer v HMD, rejecting HMD’s FRAND defence while providing guidance on when an implementer can insist on a bilateral SEP licence instead of taking a pool licence. The LD confirmed that an SEP owner can satisfy its FRAND obligations if it offers one FRAND-compliant licence, whether through a patent pool or bilaterally. Accordingly, where both routes a...