Today, EPLAW hosted its second knowledge webinar, that focussed on FRAND/SEP disputes

The panel, consisting of Christopher Floyd (Court of Appeal of England and Wales), Peter Meier-Beck (Federal Court of Justice, Germany), Rian Kalden (Court of Appeal, the Netherlands) and Cordula Schumacher (Arnold Ruess) discussed various topics guided by moderator Myles Jelf (Bristows). Topics included issues arising from the process of determining FRAND behaviour as well as jurisdiction and enforcement.

Regarding the determination of FRAND behaviour, it was discussed whether there schould be certainty, ie a schedule which, if followed, would lead to FRAND behaviour, or – on the other side of the spectrum- whether a rigid protocol is not helpful as all situations are different. Further, it was discussed whether one would need to know the ‘FRAND zone’ (rates & conditions) in order to know if one of the parties is out of line. The question also came up whether the courts are best positioned to deal with fees and license terms, and wheter it would be wise to let the court decide on the legal issues and refer the determination of fees and terms to arbitration.

Attention was also given to the complex issues arising around anti suit injunctions, and also anti anti suit injunctions as the tactics of parties are developing. As a final topic difficulties regarding enforcement and different views on what consitutes FRAND rates in various countries were briefly discussed.

This was the second webinar in a series of webinars to be orginised by EPLAW for its members. The third webinar to be chaired by Willem Hoyng is scheduled to take place on 18 February 2021 and features CJEU’s judgment C-688/17 (Bayer) – ’A support for innovation or a miscarriage of justice’.