Breakout Session
Worldwide Litigation of SEPs: What the FRAND is Going on?
September 13, 2022 @ 10:00 AM CST – Knowles IP Strategies Ballroom
10:00 AM CT
September 13, 2022
Worldwide Litigation of SEPs: What the FRAND is Going on?
Without substantial investment by those who play the difficult role of innovator, there would be no standards. Of course, without technology implementers who roll out standards and cutting-edge technological advances to consumers, even the greatest advances would lay dormant and unused. How does one strike that proper balance? Numerous issues exist that prevent deals from being done, thereby forcing innovators and implementers into litigation instead into boardrooms to conclude arms-length negotiations. And increasingly SEP litigation is a multi-jurisdictional, global battle.
While issues surrounding what is a fair, reasonable and non-discriminatory licensing rate, or offer, continue to abound, with some jurisdictions such as Germany requiring implementers to announce intentions early on to accept FRAND offers or suffer the consequences, many other issues exist, making SEP litigation akin to a patent version of 3-dimensional chess.
This panel will discuss, among other things:
1. Problems relating to determining whether any particular patent or set of patents, or even a patent family, is actually being used by an implementer;
2. What it means to demonstrate a willingness to engage in good faith negotiations;
3. The reality that in many jurisdictions there is little incentive to take a license early when implementers can take a license later for the same rate;
4. A review of high-profile SEP litigation and cases to watch around the globe.
Materials*
The Biden Administration’s Neutrality Position on SEP Remedies is a Good Move
The Anti-suit Injunction Conundrum: How We Got Here and How to Avoid It
* A Note on Materials: We apply for MCLE, which requires substantive writing on the topic covered. The materials provided below, often published by IPWatchdog.com authors and contributors, relate to the topic but are not intended to pigeon-hole guest speakers in any way. They are hopefully informative, and the articles we select have to date always been sufficient to satisfy MCLE authorities.
Without substantial investment by those who play the difficult role of innovator, there would be no standards. Of course, without technology implementers who roll out standards and cutting-edge technological advances to consumers, even the greatest advances would lay dormant and unused. How does one strike that proper balance? Numerous issues exist that prevent deals from being done, thereby forcing innovators…
Session Speakers
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