Patent litigation: standard essential patents and FRAND

In this session partners from our patent litigation team discuss the latest developments in SEP litigation and FRAND in the UK, Germany and the Netherlands.

There have been a flurry of cases in many countries about patented technologies and standards in the mobile telecoms industry, eg standards for 2G (GSM), 3G (UMTS), 4G (LTE) and WiFi. The increasing connectivity of smart devices on 5G networks will make compliance with these standards even more important, so this session will be relevant to a wide variety of businesses including those in the IoT, consumer electronics and automotive sectors.

Recent judgments in cases like Unwired Planet/Conversant v Huawei/ZTE, Sisvel v Haier, Nokia/Sharp v Daimler, Philips v Asus/Wiko have changed the environment for successful SEP litigation. Patentees and implementers alike will need to adjust their strategies immediately.

In this session the panel explore the best strategies including, the use of the FRAND objection to prevent an injunction being granted, the concept of a willing licensee and how to find a more proactive approach to the determination of a global FRAND rate.

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