Anti-suit Injunctions and the Future of FRAND Litigation (RECORDING)

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, use of the international anti-suit injunction (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. court decisions have issued injunctions relating to proceedings in Germany, the U.K., China and other countries.

Our panel 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 in Germany of the “anti-anti-suit” injunction, which forced German auto supplier Continental to partially drop its motion for anti-suit injunction in ongoing litigation in the Northern District of California       

• The impact of recent events, such as the Federal Circuit decision that SEP holders can be entitled to jury trials to determine certain aspects of FRAND, on the future of global licensing determinations


Speakers:

Prof. Jorge Contreras, University of Utah

John Gibson, Crowell & Moring

Thomas Schachl, Wallinger Ricker Schlotter Tostmann

Jorge Contreras

University of Utah School of Law

is a professor of law at the University of Utah. His research focuses on IP and innovation and the development of technical standards. He is a member of the IP Rights Policy Committee of the American National Standards Institute (ANSI), among other non-academic posts, and he was previously a partner at Wilmer Hale. He recently co-edited the book Patent Pledges: Global Perspectives on Patent Law's Private Ordering Frontier. 

John S. Gibson

Crowell & Moring

is a litigator and partner at Crowell & Moring who has won numerous IP, antitrust, and commercial cases. John recently won summary judgment for Ericsson in the Central District of California, defeating a unfair competition law claim in precedent-setting antitrust and contract litigation to determine FRAND (fair, reasonable, and non-discriminatory) licensing terms for a worldwide portfolio of standard essential mobile telecommunications patents. Also, he helped win a verdict that Ericsson did not breach its FRAND licensing obligations.

Thomas Schachl

Wallinger Ricker Schlotter Tostmann

is a partner at Wallinger Ricker Schlotter Tostmann in Munich. His main focus is conducting patent infringement proceedings before German courts as well as strategic counselling and coordination of international pending parallel patent infringement and nullity proceedings. He also advises on the enforcement of damages claims for infringement of intellectual property rights.  He is also experienced in negotiation and drafting of license, settlement, and confidentiality agreements.

Key:

Complete
Failed
Available
Locked
Anti-suit Injunctions and the Future of FRAND Litigation (RECORDING)
Open to view video.
Open to view video. Please note audio begins at the 4:30 mark.
Evaluation Survey
11 Questions
CLE Credit
4 Questions
4 Questions CLE credit will be available for registered attendees only. If you would like CLE credit for this webinar, please complete the following questions. IPO will apply for CLE for all live programs in the majority of the states that require CLE. IPO will not be applying for CLE in the states of Florida, Ohio, South Carolina, West Virginia, or Texas (attorneys in TX may submit up to 5 hours of self-study credit). Once IPO has received approval from the state(s) CLE boards , certificate(s) of attendance will be available for download from your dashboard.
CA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available California has approved this webinar for 1 hour of CLE credit. Only registered attendees are eligible to claim credit. To claim credit, select "Claim credit" then "view/print for your records".
IL Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Illinois has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.
NJ Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available New Jersey has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed program are eligible to claim credit. To claim your credit, select "claim credits" and then "view/print your certificate" for your records.
NY Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available This course was approved in Virginia, a NY approved jurisdiction, for 1 hour of CLE credit. Only registered attendees that viewed the program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.
VA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Virginia has approved this webinar for 1 hour of CLE credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.