Friday, May 14, 2021

Two Upcoming FRAND Webinars

1. The European Commission is hosting a webinar next Wednesday, May 19 on SEP Enforcement.  Registration is available here, and there is more about on FOSS Patents.  Below is the agenda, available from the Commission's website, with times listed in Central European Summer Time.  

"The problems reported most by SEP holders and implementers are hold up and hold out. On the one hand, SEP holders claim that it is necessary to go to court in order to conclude a license agreement with an implementer and thus obtain a return on investment. This takes time, involves significant costs and may not always be efficient to achieve a fair and reasonable compensation. On the other hand, implementers claim that willing licensees have difficulties to obtain licences at FRAND terms and conditions and fear abuse of a dominant position by SEP holders. How are we able to reduce litigation for both SEP holders and implementers?"

14h30 Welcome speech: Edgar Brinkman, Senior Judge, Court of The Hague

14h50 The U.S. Perspective: Christian Hannon, Patent Attorney, Office of Policy and International Affairs, USPTO

15h00 Roundtable 1: Enforcement of SEPs and SEP licensing negotiations
- Why do implementers hold out? What is the impact of hold out on SEP holders business? What are the options for SEP holders when they face hold out? What is the impact of enforcement by SEP holders on implementers’ business?
- Why do SEP holders hold up? What are the options for implementers when they face hold up?
- What would could be done to incentivise and facilitate SEP holders and implementers to engaging in good faith negotiations? Moderator: Elena Kostadinova
Discussion with: Dan Lang (Vice President, Intellectual Property and Deputy General Counsel, Cisco Systems), Patrick Hofkens (Director IPR Policy, Ericsson), Roman Bonn (Global Head of IP, Continental AG), Miriam Kiefer (Managing Partner, Kather Augenstein), Aleksandra Kuźnicka – Cholewa (Senior Associate in the IP/TMT Group in CMS Cameron McKenna), Rob Stien (EVP, Chief Public Policy Officer, InterDigital)

16h15 Round table 2: Anti-(anti) suit injunctions: what is the problem and what could be the possible solutions?
- What are the newest developments and their impact on business?
- What are the possible solutions?
- To which extent can state courts deal with SEP portfolios? Are state courts the right venue to determine FRAND terms and conditions and calculate royalties?
- What is the role of the policy regulators?
Moderator: Jan Schmitz
Discussion with: Florian Muller (app developer and IP commentator, FOSSPatents blog), Cordula Schumacher (Partner, ARNOLD RUESS), Xu Jing (Partner, King, Wood and Mallesons, China), Matthias Zigann (Presiding Judge, Regional Court Munich I)

17h00 Roundtable 3: Would international arbitration and/or mediation be a solution and under what conditions?
- What are the advantages and disadvantages of arbitration and/or mediation?
- What would be the conditions for a successful arbitration or mediation process?
- What would be the most appropriate arbitration and/or mediation centre(s)? Would any of the existing structures be appropriate, would we need to build a new international arbitration and/or mediation centre?
Moderator: Adriana Van Rooden
Discussion with Hon Lord Justice Richard Arnold (Judge, Court of Appeal of England and Wales, UK), Maurits Dolmans (Partner, Cleary Gottlieb Steen & Hamilton LLP), Sam Granata (Judge, Court of Appeal Antwerp, Belgium), Ignacio de Castro (Director, IP Disputes and External Relations Division, WIPO Arbitration and Mediation Center), David Perkins (Independent Arbitrator and Mediator)

17h50 Closing remarks: Kamil Kiljanski (Acting Director, DG GROW C)

2. Concurrences, in partnership with Baker Botts and Oxera, is putting on a free webinar series titled IP & Antitrust:  Hot Issues, May 25-27.   Registration is available here.  Here is the lineup:

Tuesday 25 May 2021 15:30 - 17:00 CEST


This session will cover the assessment of FRAND licensing from a contractual and competition law perspective. Themes covered will include court determination of FRAND rates at a global level and associated jurisdictional questions around the application of antitrust law including the relationship with excessive pricing and discrimination. Related developments, such as Qualcomm v FTC and the European SEPs Expert Group Report will also be discussed.

Keynote : Pierre REGIBEAU | Chief Economist, DG COMP, Brussels (bio)

Panel :
Jonathan BARNETT | Professor, Gould School of Law - University of Southern California, Los Angeles (bio)
Hendrik BOURGEOIS | Head of Government Affairs Europe and Russia, Apple, Brussels
Raphaël DE CONINCK | Vice President, CRA, Brussels (bio)
Gunnar NIELS | Partner, Oxera, Oxford (bio)
Alvaro RAMOS | Vice President - Head of Global Antitrust and Chief Antitrust Compliance Officer, Qualcomm, San Diego
Moderator : Paul LUGARD | Partner, Baker Botts, Brussels (bio)


26 May

Wednesday 26 May 2021 15:30 - 17:00 CEST


The session will focus on : the economic and commercial considerations in components v. end-user level licensing ; whether there is an obligation on SEP owners to license to all willing interested parties, and, if so, under what terms ; injunction-related matters ; the recent reference from the Düsseldorf Court to the CJEU.

Keynote : Makan DELRAHIM | Former Antitrust Deputy Attorney General, US Department of Justice, Washington D.C.*

Panel :
Avantika CHOWDHURY | Partner, Oxera, London (bio)
Fabian HOFFMANN | Judge, Federal Court of Justice, Karlsruhe (bio)
Monica MAGNUSSON | Vice President - IPR Policy, Ericsson, Stockholm*
Moderator : James KRESS | Partner, Baker Botts, Washington, D.C. (bio)


27 May

Thursday 27 May 2021 15:30 - 17:00 CEST


The session will focus on : the use of data by digital platforms, the regulatory debate around data sharing, as well as the commercial perspective on data access.

Keynote : Mike WALKER | Chief Economist, UK Competition and Markets Authority, London (bio)

Panel :
Marshall VAN ALSTYNE | Questrom Chair Professor, Boston University (bio)
Rima ALAILY | Associate General Counsel - Competition Law Group, Microsoft, Redmond (bio)
Maureen OHLHAUSEN | Partner, Baker Botts, Washington D.C. (bio)


 * To be confirmed

Update:  The dates of the Concurrences webinar have changed.  See my post from May 21.

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