CRA Insights

IP Insights: Recent developments in SEP jurisprudence across multiple jurisdictions

June 15, 2021
IP litigation and damages

In this CRA Insights, Larry Rosenberg and Cameron Lindsay discuss recent verdicts and judgments in telecom standard essential patent (SEP) cases and how they have provided insight into the rights and obligations of SEP owners and implementers under the Fair Reasonable and Non-Discriminatory (FRAND) regime. In recent years, to avoid the inefficiencies and cost associated with litigating SEP cases in various venues around the world, some SEP owners and implementers have used international arbitration as a means of determining FRAND royalties.

They examine the judgments and verdicts of cases such as FTC v. Qualcomm (US), Continental v. Avanci (US), and Unwired Planet v. Huawei (UK). Given the cross-jurisdictional use of SEPs, arbitration may continue to be a forum where SEP owners and implementers seek to settle disputes. It will be important to be aware of different forums’ legal doctrines which arbitral panels may want to use in their proceedings.

Meet the authors