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Anti-suit Injunctions and the Future of FRAND Litigation

January 9, 2020 • Webinar

Starts: 2:00 PM (EST)
Ends: 3:00 PM (EST)

This webinar will explore the challenge posed by international technology markets to national dispute resolution systems. Such markets are global, but the power of national courts to exercise authority over participants is normally defined by national patent law. Confronting this paradox, some courts in the U.S. and the U.K. have sought to establish global FRAND royalty rates for parties engaged in national patent litigation. At the same time, use of the international anti-suit injunction (which can be used to prevent enforcement of foreign injunctions or even to prevent parties from bringing suit in other countries) is increasing. U.S. court decisions have issued injunctions relating to proceedings in Germany, the U.K., China and other countries.

The panel will discuss:
  • The factors that lead U.S. courts to grant anti-suit injunctions, such as in Huawei v. Samsung (N.D. California), and factors favoring denial, such as in Optis v. Huawei (E.D. Texas), plus tactics for litigators on both sides of the issue
  • A recent upping of the game with the birth in Germany of the “anti-anti-suit” injunction, which forced German auto supplier Continental to partially drop its motion for anti-suit injunction in ongoing litigation in the Northern District of California       
  • The impact of recent events, such as the Federal Circuit decision that SEP holders can be entitled to jury trials to determine certain aspects of FRAND, on the future of global licensing determinations
Speakers: 
  • Professor Jorge Contreras, University of Utah
  • Partner John Gibson, Crowell & Moring
  • Thomas Schachl, Wallinger Ricker Schlotter Tostmann
There is a fee to attend this event.
  • Non-members: $150
  • Members: $135
Crowell & Moring Participant(s):
John S. Gibson
Partner – Orange County
Phone: +1 949.798.1330
Email: jgibson@crowell.com
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