How Parties Can Prep For Global FRAND Jurisdictional Battles

Law360 (February 4, 2021, 4:37 PM EST) -- Parties that regularly dispute licensing commitments for standard-essential patents are no stranger to multijurisdictional conflicts. By their very nature, global standards — like LTE or Wi-Fi — are supported by global intellectual property, that is, patent families with counterparts in every major national market around the world.

When SEP holders and implementers fail to resolve licensing disputes covering these global SEP portfolios through negotiation, they frequently ask courts to step in. Courts are now commonly requested by parties to determine fair, reasonable and nondiscriminatory licensing terms for an SEP portfolio, either nationally or worldwide, and certain parties might even stipulate to...

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