Topic: FRAND

Conflicting interests: refusing NDAs in FRAND negotiations

Featured in SEP/FRAND Hub

Düsseldorf courts provide clarity on the consequences of failing to agree on an NDA. While it is generally incumbent on implementers to negotiate and conclude an NDA with the SEP holder, refusal to enter into one does not necessarily make the implementer a non-willing licensee.

12 January 2023

Juries to play key role in SEP litigation for infringement and damages

Featured in SEP/FRAND Hub

Despite the fluctuating nature of the SEP/FRAND policy landscape in the United States, the Federal Circuit is keen to embrace the jury’s role in SEP litigation as they have been an active participant in several monumental cases.

06 January 2023

Volatile US executive policy landscape means uncertainty for injunctions in SEP litigation

Featured in SEP/FRAND Hub

The policy changes from the Trump administration to Biden’s presidency is representative of the flexibility of the SEP/FRAND legal landscape, sparking questions about whether the executive branch is a proponent, or opponent, of injunctive relief.

21 December 2022

UPC harmonisation called into question: what German litigants should expect in 2023

Featured in SEP/FRAND Hub

Germany will host four of the UPC’s 13 local divisions and harmonisation in the decision-making practice, especially in SEP cases, is expected to be years away.

21 December 2022

India: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub

02 December 2022

China: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub

02 December 2022

Germany: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub

02 December 2022

Brazil: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub

02 December 2022

Netherlands: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub

02 December 2022

United States: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub

02 December 2022

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