This panel will deal with current issues arising in SEP-related litigations across patent jurisdictions. The discussion will focus on the effects of commitments made to license patents on FRAND terms in infringement suits. In multiple jurisdictions, including Europe, the U.S., and China, courts have been called upon to examine the meaning of FRAND and the appropriate methodologies to determine a FRAND rate. For example, U.S., U.K., and German case law has recently addressed the meaning of “non-discrimination” in the FRAND commitment. In Europe, courts have been applying various approaches to further define the obligations of parties in FRAND license negotiations established by the Court of Justice of the European Union (CJEU) in its 2015 Huawei v. ZTE decision. Disputes across multiple jurisdictions have centered on the availability and adequacy of injunctions, the determination of global FRAND royalties, and the international jurisdiction of courts. The discussion will include developing case law in Asia, as recently Chinese courts have more frequently been involved in international litigations, as well as the increasing relevance of standard-essential patents in new markets for interconnected devices provided by traditional industries (“Internet of Things” applications, “smart cars,” etc.). The panel will cover:
- Issues surrounding the availability of injunctive relief in SEP cases
- consequences of FRAND obligations for the traditional concept of damages in patent law;
- approaches to the calculation of FRAND royalties;
- FRAND-specific cross-border procedural issues; and
- how the developing global case law is shaping licensing and litigation strategies of patent owners and implementers.