Sisvel v. Haier: Impact on FRAND Negotiations and Litigation
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In this program a balanced panel of experts will analyze the latest milestone in the escalating battles over cellular technology SEPs. The July decision in Sisvel v. Haier by Germany’s highest court, the Federal Court of Justice (GFCJ), is considered by some commentators to be a game-changer in Europe. It is the first FRAND-related case to be heard at the top German court since the Court of Justice of the European Union’s landmark 2015 Huawei v ZTE decision.
Many commentators see the decision overall as better news to patentees than to implementers. The court took a tough line on “hold out” maneuvers, requiring implementers to expressly state they will take a license on any terms that are found to be FRAND and to not use delay tactics to stall talks. Patent owners are not required to offer the same terms and conditions in all offers, and can choose which patents to license, by country or worldwide.
Implementers question whether all of Sisvel’s elements square with the CJEU’s approach in Huawei v. ZTE. And in Europe as in the U.S., implementers are looking to antitrust law for solutions. Our panelists will also discuss:
European competition authorities’ investigation into complaints about SEP owners’ refusal to license automotive component suppliers.
Antitrust allegations in the United States involving similar issues concerning the “license to all” vs. “access to all” debate
Recent developments regarding SEPs at the U.S. ITC.
The soon-expected ruling by the UK Supreme Court in Unwired Planet v. Huawei.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Erik Puknys, a partner in Finnegan, is a patent litigator who has represented both plaintiffs and defendants in district courts around the U.S., in the Federal Circuit, and in the U.S. Supreme Court. He recently authored “Strategic Considerations for the Escalating SEP Battles.”
Matthias Schneider is Chief Licensing Officer (patents) at Audi AG. Earlier he was Vice President for IPR at Siemens Communication Devices and Global Head of Defensive Licensing at Nokia Corp. He has been the lead negotiator of numerous high-value licensing deals, both offensive and defensive, and is the named inventor on more than 20 granted patents related to user interface and communication technology.
Jonathan Velasco is Sr. Director Legal Counsel at Qualcomm, providing legal counsel and oversight for Qualcomm's membership and participation activities in Standards Development Organizations and other external technology collaboration engagements. Earlier, he was patent group lead overseeing patent filing and prosecution at Qualcomm in technologies related to wireless communication, processor, memory, RF, displays, sensors and multimedia. Jon is a member of IPO’s Standards Setting committee.