Dominant Licensor Must Grant License For Patent Essential to Standard

The German Federal Supreme Court has ruled that a defendant subject to patent infringement proceedings from a company holding a dominant position in a market, may validly maintain a so-called “compulsory licence defence” against issuance of an injunction, should the patent infringement involve technology essential to an industry standard.  But read on here, because where the defendant does not put aside  reasonable” compensation in an escrow account, an injunction may be upheld anyway.