Update on FRAND decisions before French courts

Update on FRAND decisions before French courts:

In the case between TCL and Philips and in which ETSI was represented by our firm, a first decision was rendered on February 7, 2020. The pre-trial judge dismissed Philips’ challenge and decided that the Paris Court had indeed jurisdiction to hear a request for the determination of FRAND licensing conditions.

The judge noted on this occasion, following our argument, that the link between the promisor (Philips), the promisee(ETSI) and the beneficiary (TCL) stemmed from ETSI’s rules of procedure and was therefore contractual in nature.

A hearing on the merits will be held on June 2, 2020 during which the court will examine ETSI’s request to be exonerated, in particular on the grounds that the stipulation for the benefit of a third party (stipulation pour autrui) excludes any implication of the promisee in the relationship between the promisor and the beneficiary once the beneficiary has accepted the promise.