(Fair) Reasonable and Non-Discriminatory ((F)RAND) cases are on the rise and are at the heart of the most significant patent disputes across Europe (in the UK, Germany, France and the Netherlands), and in patent and unfair competition cases in the US. In the last year alone, judgments have been handed down on: Sisvel v. Haier by the German Supreme Court; Unwired Planet v. Huawei by the UK Supreme Court; Philips vs. TCL by the UK Court and the Paris Court; and Sisvel vs. Xiaomi by the District Court of the Hague; as well as the several decisions in the US and in Europe in relation to anti-suit injunctions(ASi), anti-anti-suit injunctions (AASI) and anti-anti-anti suit injunctions (AAASI). The recent US Ninth Circuit Court of Appeals decision in FTC v. Qualcomm illustrates the significant hurdles a party faces if it tries to use antitrust claims to remedy (F)RAND disputes.

Speakers: Marianne Schaffner Brian D. Roche

Event Type: Webinar, CLE / CPD

Start Date/Time:
29 June 2021, 5:00 PM France Daylight Time
End Date/Time:
29 June 2021, 6:30 PM France Daylight Time

New technologies are often protected by Standard Essential Patents (SEPs) and these can be found in HiTech, telecoms, IoT and autonomous technologies. Today, devices are increasingly interconnected leading to more and more standards adopted by Standards Developing Organizations (e.g. ITU, ETSI). Any industrial sector can now be impacted by standardisation and thus by SEPs. The technology industry relies heavily on FRAND patent licensing arrangements, which may raise antitrust issues and are resulting in greater prevalence of  FRAND-related disputes . Earlier this year, the European Commission published the SEPs Expert Group’s report on licensing and valuation of SEPs.

Join us as we discuss:

  • The recent dispute between Nokia and Daimler for the use of Nokia's mobile patents by the German carmaker, and questions referred before the CJEU which will remain unanswered due to the settlement by the parties. Discussion of issues that, as a result, remain to be clarified.
  • What it means to grant a license under FRAND terms: the obligations on SEP owners, implementers and users.
  • How and when “essentiality” is implicated.
  • Antitrust issues at the centre of FRAND cases and how these issues have influenced decisions.
  • The view from the EU and US – a comparison of the transatlantic landscape and ASI, AASI and AAASI risks.

The session will conclude with Q&A and we would welcome you to join in a discussion with peers across multiple industries.

08:00 – 09:30 PT

10:00 – 11:30 CT

11:00 – 12:30 ET

16:00 – 17:30 GMT

17:00 – 18:30 CET

PLEASE READ – Important CLE information:

This program is presumptively approved for 1.0 CLE credit in California, Connecticut, Illinois, New Jersey, New York, Pennsylvania, Texas and West Virginia. Applications for CLE credit will be filed in Delaware, Florida, Ohio, and Virginia. Attendees who are licensed in other jurisdictions will receive a uniform certificate of attendance but Reed Smith only provides credit for the states listed. Please allow 4-6 weeks after the program to receive a certificate of attendance.