HMD Statement on German Federal Court of Justice’s Press Release No. 021/2026

HMD notes with concern that the German Federal Court of Justice (“FCJ”) dismissed HMD’s appeal on January 27, 2026, and declined to refer key questions concerning patent holders’ obligations to grant licenses on fair, reasonable and non-discriminatory terms (“FRAND”) to the European Court of Justice (“ECJ”). The European Commission expressly urged referral of these questions, consistent with HMD’s position that the ECJ, as the competent court to interpret EU law, should provide authoritative guidance to ensure uniform application of EU law across the European Union. HMD also disagrees with the FCJ’s statement that it showed “no serious interest” in obtaining a FRAND license. This assessment does not reflect HMD’s documented continuing good‑faith negotiation efforts.

While HMD remains willing to secure a FRAND license from VoiceAgeEVS, HMD continues to advocate for a balanced FRAND framework that fosters innovation, preserves competition, and ensures consumer choice and fair market access for all industry participants in Germany, the European Union and globally. HMD will carefully evaluate next steps based on a detailed review of the FCJ’s judgment grounds.