Cases in which FRAND licences are discussed, and where if no licence is taken an injunction is requested, more closely resemble unpaid debt claims then IP-related cases and are thus less suitable for preliminary proceedings.
Further, the fact that the case was complex, not only in relation to the patented subject-matter but also because of the international implications, led the judge to the conclusion that the case was not suitable for preliminary proceedings.
Read the complete article by Bart van Wezenbeek on Kluwer IP Law.
