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
Prof. Jorge Contreras, University of Utah
John Gibson, Crowell & Moring
Thomas Schachl, Wallinger Ricker Schlotter Tostmann
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.
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.