March 7-10, 2022
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Event Session

The “Unwilling Licensee” in Global SEP Negotiations & Litigation

March 9, 2022 @ 8:45 AM EST

8:45 AM ET
March 9, 2022

The “Unwilling Licensee” in Global SEP Negotiations & Litigation

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Those contributing patented technologies to the development of a standard agree to provide a FRAND assurance, in essence committing to providing access to patents that are or may become essential to the implementation of the standard. A relatively simple concept that becomes quite complicated and messy in practice. One of the issues dogging the FRAND debate is the unfortunate reality that in at least some circumstances implementers who are deploying technologies that otherwise infringe SEP patents refuse to enter licensing negotiations or do so only nominally and not in good faith. While there can be bad actors on both sides of the “v” in a lawsuit, until recently there were few consequences for implementers to refuse to license, or even negotiate. Making this issue more complicated, the courts of different nations handle the question of hold-out versus hold-up quite differently.

Join Gene Quinn, President & CEO of IPWatchdog, Inc., Dr. Tobias Wuttke, partner Meissner Bolte, Peter Damerell, partner at Powell Gilbert, and Adrian Howes, Head of IP and Standards, IP Regulatory Affairs at Nokia, for a wide-ranging conversation about international SEP litigation. This panel will specifically discuss the views of courts in Germany, the United Kingdom and the United States, and seek to answer (or at least address) the following questions:

How should “good faith” negotiations be defined?
Do licensees who refuse to enter good faith negotiations forfeit FRAND?
Should unwilling licensees forfeit FRAND? If yes, under what circumstances?
If FRAND can be forfeited, can entitlement to FRAND be regained? If yes, how?

CLE Materials:

Patent Licensing is a Risky Business: Let the Market Strike the Balance

Latest Apple/Qualcomm Ruling Highlights Question of ‘Unwilling Licensees’

IP/Antitrust Policy Changes are Afoot in the Biden Administration’s DOJ

The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law



Add to Calendar 05/22/2022 3:18 AM America/New_York The “Unwilling Licensee” in Global SEP Negotiations & Litigation

Those contributing patented technologies to the development of a standard agree to provide a FRAND assurance, in essence committing to providing access to patents that are or may become essential to the implementation of the standard. A relatively simple concept that becomes quite complicated and messy in practice. One of the issues dogging the FRAND debate is the unfortunate reality…

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