Next Thursday, January 9, from 2-3 p.m. Eastern Time the IP Chat Channel will be presenting a webinar titled Global Disputes in National Courts: Anti-suit Injunctions and the Future of FRAND Litigation. Here is a link to register, and here is the description:
This webinar will explore the challenge posed by international technology markets to national dispute resolution systems. Such markets are global, but the power of national courts to exercise authority over participants is normally defined by national patent law. Confronting this paradox, some courts in the U.S. and the U.K. have sought to establish global FRAND royalty rates for parties engaged in national patent litigation. At the same time, the use of the international anti-suit injunctions (which can be used to prevent enforcement of foreign injunctions or even to prevent parties from bringing suit in other countries) is increasing. U.S. courts have moved to enjoin parallel foreign proceedings in Germany, the U.K., China and other countries. Our panel of experts will discuss:
· The factors that lead U.S. courts to grant anti-suit injunctions, such as in Huawei v. Samsung (N.D. California), and factors favoring denial, such as in Optis v. Huawei (E.D. Texas), plus tactics for litigators on both sides of the issue.
· A recent upping of the game with the birth this summer in German courts of the “anti-anti-suit” injunction, which forced German auto supplier Continental to partially drop its motion for an anti-suit injunction request in ongoing litigation in the Northern District of California.
· The impact of recent events, such as the Federal Circuit’s decision in TCL v. Ericsson that SEP holders can be entitled to jury trials to determine certain aspects of FRAND, on the future of global licensing determinations.
Panelists will be Professor Jorge Contreras, John Gibson, and Thomas Schachl.
Post a Comment