IP & Antitrust: Hot Issues #2

2nd Webinar of the 3rd "IP & Antitrust: Hot Issues" Conference organised by Concurrences, in partnership with Baker Botts, Compass Lexecon and Oxera. Keynote speech by Marcus Smith (Competition Appeal Tribunal, London). Panel with Avantika Chowdhury (Partner, Oxera, London), Lorenzo Coppi (Executive Vice President, Compass Lexecon, London), Huw Edwards (Director, Head of Litigation Operations, Nokia, Munich), Paul Lugard (Partner, Baker Botts, Brussels).

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 Audio: Available for Concurrences+ subscribers (to be published below soon)
 Key Takeaways: Available for Concurrences+ subscribers (see above)
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Opening Keynote

Marcus Smith

UK’s jurisdiction to set FRAND

  • The jurisdiction in the United Kingdom for setting FRAND rates requires a patent infringement to be established in a UK court.
  • The remedy for patent infringement is normally specific to the particular patent.
  • However, the Unwired Planet case introduced a broader remedy. The remedy extends to potentially invalid or un-infringed patents related to the standard in the UK and even to patents outside the UK jurisdiction.
  • The court’s judgement leaves some terms unstated, which will be addressed in the consequential hearing.
  • The courts in the UK have been transformed from traditional courts into market makers imposing outcomes when parties cannot agree.

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