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ARTICLE · 25 MARCH 2026

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FRAND Quarterly: Navigating The Global SEP Landscape – March 2026

WilmerHale
WilmerHale
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WilmerHale

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The transition into 2026 has seen several notable developments in fair, reasonable and non-discriminatory (FRAND) litigation. In particular...

GlobalIntellectual Property

INTRODUCTION

The transition into 2026 has seen several notable developments in fair, reasonable and non-discriminatory (FRAND) litigation. In particular:

  • Increasing jurisdictional fights: Courts in the United States, United Kingdom and Germany and the Unified Patent Court (UPC) continue to protect their own competence to set or enforce FRAND outcomes. This trend has led to a dense web of anti‑suit, anti-anti‑suit and "anti‑interim‑license" injunctions (AILIs). In the United Kingdom, Mr Justice Meade and Mr Justice Mellor, respectively, issued ex parte anti-anti-suit injunctions (AASIs) to safeguard the UK's rate‑setting jurisdiction in the Amazon v. InterDigital and Warner Bros v. Nokia cases (Nokia's AASI injunction was later lifted on the condition that Nokia give 21 days' notice before seeking any foreign injunctions that relate to the UK rate-setting proceedings). The UPC and German courts have so far upheld the AILIs against Amazon.

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