Media Coverage
Source: Law360
Media Coverage
Press Contacts: Erik Cummins, Matt Hyams, Olivia Thomas
01.20.21
In the wake of U.S. District Judge Rodney Gilstrap's refusal to accept an anti-suit injunction issued by a Chinese court in litigation between Samsung and Ericsson, an international arbitration tribunal focusing on setting global licensing rates for standard-essential patents may be the cure to countries issuing endless anti-suit injunctions to keep rate disputes in their courts, Law360 reported.
Particularly, the jurisdiction spats distract courts from being able to decide whether companies put fair, reasonable and nondiscriminatory, or FRAND, offers on the table during licensing negotiations.
David Tsai, a San Francisco and Taipei-based Intellectual Property partner at Pillsbury said that agreeing to adjudicate in these tribunals could be required by standards-setting bodies. Those tribunals would then have specialized experts who can make neutral, informed decisions, unlike a U.S. court trying to understand how Chinese markets work, or as the U.S. now requires, for juries to decide what's best.
Patent offices and attaches from any country could take the initiative to get the ball rolling, Tsai said. In the U.S., he said it would be a particularly good time to get involved.
"The situation is ripe right now with a new administration coming in," he added.
Read the full story here.