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Standard Essential Patents: FRAND in Europe and the U.S.; Favorable FRAND Forums; ASI and AASI Risks

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Tuesday, April 12, 2022

Recorded event now available

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This CLE webinar will guide patent counsel on fair, reasonable, and non-discriminatory terms (FRAND) jurisprudence in the U.S. and Europe. The panel will examine the current landscape as well as anti-suit injunction (ASI) risks. The panel will also discuss considerations for selecting a favorable FRAND court. The panel will offer best practices for navigating FRAND issues.

Description

Standard essential patents are important in many industries. In order for companies to have their technology adopted as the standard for the industry, the company is often required to license the technology on FRAND.

FRAND cases are increasing and are often the subject of many of the significant patent cases in both Europe and the U.S. Stakeholders must consider where their disputes could end up and search for ways to steer them to a favorable jurisdiction. Another consideration is the ASI and the anti-anti-suit injunction (AASI) risk. Courts have disagreed on whether to issue ASIs.

It is critical for companies and their counsel to understand how FRAND issues are addressed in Europe and the U.S. as well as how to navigate those issues.

Listen as our authoritative panel of patent attorneys examines FRAND jurisprudence in both the U.S. and Europe. The panel will compare the landscape on both sides of the pond as well as ASI, AASI, and AAASI risks. The panel will also discuss considerations for selecting a more favorable FRAND court. The panel will offer best practices for navigating FRAND issues.

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Outline

  1. SEPs and FRAND in the U.S.
  2. SEPs and FRAND in Europe
  3. FRAND litigation and jurisdiction
  4. ASI, AASI, AAASI risks
  5. Best practices for navigating FRAND issues

Benefits

The panel will review these and other key issues:

  • What is the current state of how European courts adjudicate FRAND cases? How U.S. courts adjudicate FRAND cases?
  • What considerations should stakeholders weigh when selecting a favorable FRAND court?
  • What are the risks of ASIs and AASIs?

Faculty

Herr, Jochen
Dr. Jochen Herr, LL.M.

Partner
Finnegan Henderson Farabow Garrett & Dunner

Dr. Herr is one of the rare lawyers in Germany admitted as an attorney at law, a German patent attorney, and a European...  |  Read More

Puknys, Erik
Erik R. Puknys

Partner
Finnegan Henderson Farabow Garrett & Dunner

Mr. Puknys is consistently recognized for his work as a leading patent litigator. He has represented both plaintiffs...  |  Read More

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