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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Patent

Date & Time
  • event Date

    Tuesday, April 12, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will guide patent counsel on fair, reasonable, and non-discriminatory terms (FRAND) jurisprudence in the U.S. and Europe. The panel will examine the current landscape as well as anti-suit injunction (ASI) risks. The panel will also discuss considerations for selecting a favorable FRAND court. The panel will offer best practices for navigating FRAND issues.

Faculty

Erik R. Puknys
Partner
Finnegan Henderson Farabow Garrett & Dunner LLP

Mr. Puknys is consistently recognized for his work as a leading patent litigator. He has represented both plaintiffs and defendants in district courts around the U.S, in the Federal Circuit Court of Appeals, and in the U.S. Supreme Court. He has worked for startups and Fortune 100 companies in a wide variety of technical fields, including software, telecommunications, computer hardware, semiconductors, medical diagnostics, medical devices, and pharmaceuticals.

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Jochen Herr
Partner
Finnegan Henderson Farabow Garrett & Dunner LLP

Dr. Herr is one of the rare lawyers in Germany admitted as an attorney at law, a German patent attorney, and a European patent attorney. He has almost 20 years of experience in patent litigation proceedings and is admitted to practice before all German patent infringement courts, the German Federal Patent Court, and the German Patent and Trade Mark Office (DPMA), and the European Patent Office (EPO). He advises companies on all contentious patent matters. He routinely handles matters related to patent and utility model law, including infringement, nullity, cancellation, and opposition proceedings. He has represented clients in patent litigation proceedings in all major technical fields. He has particular experience at the interface between patent law and antitrust law (for example, FRAND objection regarding standard essential patents), in complex international patent litigation cases as well as in patent disputes before courts of arbitration.

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Description

Standard essential patents are important in many industries. In order for companies to have their technology adopted as the standard for the industry, the company is often required to license the technology on FRAND.

FRAND cases are increasing and are often the subject of many of the significant patent cases in both Europe and the U.S. Stakeholders must consider where their disputes could end up and search for ways to steer them to a favorable jurisdiction. Another consideration is the ASI and the anti-anti-suit injunction (AASI) risk. Courts have disagreed on whether to issue ASIs.

It is critical for companies and their counsel to understand how FRAND issues are addressed in Europe and the U.S. as well as how to navigate those issues.

Listen as our authoritative panel of patent attorneys examines FRAND jurisprudence in both the U.S. and Europe. The panel will compare the landscape on both sides of the pond as well as ASI, AASI, and AAASI risks. The panel will also discuss considerations for selecting a more favorable FRAND court. The panel will offer best practices for navigating FRAND issues.

Outline

  1. SEPs and FRAND in the U.S.
  2. SEPs and FRAND in Europe
  3. FRAND litigation and jurisdiction
  4. ASI, AASI, AAASI risks
  5. Best practices for navigating FRAND issues

Benefits

The panel will review these and other key issues:

  • What is the current state of how European courts adjudicate FRAND cases? How U.S. courts adjudicate FRAND cases?
  • What considerations should stakeholders weigh when selecting a favorable FRAND court?
  • What are the risks of ASIs and AASIs?