Worldwide FRAND licences in global patent litigation

Abstract

A new front has recently emerged in SEP global battles, concerning the legitimacy of judicially determining FRAND worldwide royalties despite the absence of consent of all parties involved. The Unwired Planet decision in the UK, as well as other disputes in the EU and Asia, have given rise to such a new judicial trend in the context of standard essential patents litigation. But should national courts be allowed to embark on a similar comprehensive analysis of the litigants’ global business relationship? After recalling the most recent initiatives adopted at EU, UK and US levels in order to bring more transparency in SEP licensing negotiations, the article will explore the risks and disadvantages of this judicial practice, as also emerged from recent FRAND litigation.