The Regional Court Frankfurt has dismissed an antitrust lawsuit brought by Samsung Electronics against ZTE Corporation, creating a setback for Samsung in their global dispute over standard-essential patents (SEPs) and fair, reasonable, and non-discriminatory (FRAND) licensing terms. The case, registered under file number 2-06 O 426/24, represents one of the first attempts by an implementer in Germany to pursue a competition law-based contract formation claim seeking judicial determination of FRAND licensing conditions outside the traditional patent infringement framework. (Juve Paten)
Samsung filed the action in late 2024, alleging that ZTE had abused a dominant market position by refusing to grant a licence to its SEP portfolio on FRAND terms. Samsung sought a judicial finding that ZTE’s conduct constituted abusive market behaviour and requested the court to effectively establish the conditions of a FRAND licence. However, the Frankfurt court rejected Samsung’s claim. Although the judgment has not been made public and is unlikely to be published due to confidentiality concerns, the court confirmed the dismissal. Samsung retains the right to appeal.
The decision highlights the difficulty implementers face in using competition law to compel SEP holders to grant licences on specific terms, particularly in jurisdictions such as Germany, where patent infringement courts have traditionally played a central role in shaping FRAND jurisprudence. According to available information, this ruling marks the first time a German court has issued a decision on a competition law-based contract formation claim seeking a FRAND determination, although similar attempts had been made previously without resulting in a final judgment.
The Frankfurt proceedings form part of a broader and intensifying global dispute between Samsung and ZTE concerning 4G and 5G standard-essential patents. The conflict began in 2024 after the parties failed to renew an existing licensing agreement. Samsung subsequently initiated legal proceedings in multiple jurisdictions, including the United Kingdom, Germany, the United States, and before the Unified Patent Court (UPC), seeking judicial determination of FRAND licensing terms and raising antitrust claims. In parallel, ZTE responded by filing patent infringement actions against Samsung in China, Germany, and the UPC.
In Germany, litigation between the parties continues before both national courts and the UPC. The UPC’s Mannheim local division is scheduled to hear infringement actions involving both companies, while further hearings are planned before the Munich Regional Court. In addition, ZTE has pursued infringement claims against Samsung in Germany, with at least one judgment expected in April 2026.
The dispute has also involved regulatory and standard-setting dimensions. Samsung previously filed a complaint against ZTE with the European Telecommunications Standards Institute under clause 8.2 of the ETSI Intellectual Property Rights Policy, alleging that ZTE had failed to offer a FRAND licence. This provision allows ETSI, under certain circumstances, to modify a standard or render it non-normative if licensing obligations are not fulfilled. However, Samsung withdrew its ETSI complaint in October 2025.
Proceedings in the United Kingdom have also played an important role in the dispute. Samsung sought a judicial determination of FRAND licensing rates before the UK High Court and initially obtained an interim licence in June 2025. However, ZTE successfully appealed that decision before the Court of Appeal, further complicating Samsung’s efforts to secure favourable licensing terms.