3 December 2021
In the past two years, antisuit injunction (ASI) and subsequent legal proceedings associated with standard-essential patents (SEPs) subject to fair, reasonable, and nondiscriminatory (FRAND) commitments have proliferated in multiple jurisdictions. This phenomenon reveals not only the transnational nature of technical standards and FRAND-encumbered SEPs but also the jurisdictional tension between different national courts. In this seminar, Professors Tsang and Lee will explain the emergence of ASIs in FRAND scenarios and recent developments in six jurisdictions with major interests in standard development and adoption. Currently, courts in multiple jurisdictions are competing to grant ASIs and anti-anti-suit injunctions (AASI), leading to fragmented decisions and significant costs for global standardization. Professors Tsang and Lee will introduce a novel, realistic, and cost-effective proposal to solve the transnational legal problem concerning ASI and AASI in FRAND context.