SEP Litigation & FRAND Licensing - What’s New?

Introduction

SEP litigation including FRAND licensing and related competition law issues has been a prevalent feature of global patent litigation for the past couple of decades.

Following on from the first instance and appeal decisions in Unwired Planet v Huawei, there has been a flurry of new SEP cases in the UK.

The FRAND trial in Optis v Apple was heard in the summer of 2022, and judgment is expected to be handed down shortly.

This new virtual classroom seminar will take a detailed look at that judgment, providing insights on the lessons to be learned for future FRAND cases.

The session will also draw upon developments from other cases, competition authorities and Standard Setting Organisations to provide an overall picture of the current landscape of FRAND litigation and what this all means for an increasingly connected world.

What You Will Learn

This live and interactive session will cover the following:

• The basics
• SEPs and standards
• FRAND/RAND commitments
• ETSI IPR Policy
• SSO/EU Commission guidance and initiatives
• The competition law framework and standards (Article 101 and 102 TFEU)
• The international perspective
• Background on key case law on FRAND process and substance
• Huawei v ZTE CJEU judgment
• Availability of an injunction for SEPs
• Offer-acceptance framework
• Subsequent national decisions in particular the UK’s High Court and Court of Appeal decisions in Unwired Planet v Huawei
• Other recent cases on procedure
• Optis v Apple
• Guidance on ‘unwilling licensee’
• Lessons from FRAND judgment (due to be handed down shortly), including:
• Global FRAND
• Methods for calculating FRAND (comparables, top-down)
• Other terms of licence (including past sales)
• Abuse of dominance claim
• Implications for negotiating and licensing SEPs:
• For SEP holders
• For implementers
• What’s next…?
• Other pending UK cases
• Jurisdictional issues (including anti-suit relief)
• Approach to (global) damages
• International developments
• Continuing EU Commission initiatives and other initiatives globally
• IoT - increasing reach of standards
• Use-based licensing?
• Level of the supply chain at which licensing takes place

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.