In dealing with applications for injunctive relief by the holders of FRAND-encumbered SEPs in the course of protracted licensing negotiations, any legal system faces the challenge of reaching the proper balance between predictability for stakeholders and differentiation between possible...

This article puts the judgment of the EC Court of First Instance (CFI) in Microsoft in perspective and links it with the ongoing discussion on competition policy and innovation. It also replies to some claims made by Ahlborn and Evans in their piece on the same judgment...