Brief of International Intellectual Property Law Professors as Amici Curiae in Support of Neither Party - Ericsson v. Samsung
40 Pages Posted: 11 Mar 2021 Last revised: 20 Mar 2021
Date Written: March 1, 2021
This brief seeks to draw to the Court’s attention historical, practical, and policy matters pertaining to technical standardization and dispute resolution that bear on the arguments made on appeal by Samsung and Ericsson, including by providing context on the use of anti-suit injunctions (ASIs) and anti-anti-suit injunctions (AASIs) in litigation involving global portfolios of standards-essential patents (SEPs) that are encumbered by “fair, reasonable, and non-discriminatory” (FRAND) licensing commitments.
Keywords: patent, anti-suit injunction, FRAND, standards, comity, China
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