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ARTICLE · 31 MARCH 2021

Where Will Be The Most Favorable FRAND Forum?

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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2020 was a big year for standard-essential patents (SEPs) and the trend continues in 2021. The U.S., Germany, and the U.K. have all issued decisions favoring SEP holders' business...

GlobalIntellectual Property
Erik Puknys
Erik Puknys
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2020 was a big year for standard-essential patents (SEPs) and the trend continues in 2021. The U.S., Germany, and the U.K. have all issued decisions favoring SEP holders' business interests and enforcement freedom. The U.S. courts have rejected antitrust claims against SEP holders, and the German and U.K. high courts have put the onus on implementers to explain why they should avoid an injunction.

The U.K. court further asserted the power to set fair, reasonable, and non-discriminatory (FRAND) licensing rates for international patent portfolios. Seemingly in response, the Chinese Supreme Court expressed a dissenting view, issuing an anti-suit injunction in favor of an SEP implementer and declaring that Chinese courts, like their U.K. counterparts, are willing and able to set FRAND terms for worldwide portfolios.

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