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FRAND Disputes: Court Jurisdiction vs ADR

21-Apr-2021 To 21-Apr-2021 | Source : World Intellectual Property Organization (WIPO) | Visits : 2986
The WIPO Arbitration and Mediation Center is pleased to present a panel consisting of Judges from the US and Germany, representatives from ETSI, Audi and Nokia, and IP practitioners from Kirkland & Ellis LLP and Wilson Sonsini, who will discuss the key issues that arise when dealing with FRAND disputes.

The determination of fair, reasonable and non-discriminatory (FRAND) terms is an increasingly important area of dispute resolution. SEPs are typically required to be licensed on FRAND terms and that has required national courts to determine FRAND licensing terms under different applicable laws. Recent cases such as FTC v Qualcomm in the US, Sisvel v Haier in Germany, and Unwired Planet in the UK, constitute significant developments the area of FRAND and have led to increased analysis of how FRAND terms should or could be determined.

The panel discussion will cover recent case developments, the issues arising from National Courts dealing with FRAND disputes, and how ADR may be a suitable answer to these issues.

The panel will be moderated by David Perkins, an Independent Arbitrator and Mediator, and will consist of the following speakers:

• Judge Rodney Gilstrap, Chief US District Judge of the US District Court for the Eastern District of Texas
• Dr. Jan Tolkmitt, Judge at the Federal Court of Justice of Germany
• Christian Loyau, Director of Legal Affairs and Governance at ETSI
• Steve Faraji, Chief IPR Policy Manager and Senior Manager of Patents and Licensing at AUDI AG
• Clemens Heusch, Vice President, Head of Global Litigation and Disputes at Nokia
• Russell E. Levine, Partner at Kirkland & Ellis LLP, Chicago
• Maura L. Rees, Partner at Wilson Sonsini, Palo Alto
 

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