In a New York Law Journal intellectual property special section article, IP litigation partner and practice chair Steven Pepe, IP litigation partner Kevin Post and IP litigation associate Brian Lebow discussed recent global developments in standard-essential patent (SEP) licensing and litigation strategy.
The article discusses the European Union’s decision in BSH v. Electrolux along with the US and UK decisions in Ericsson v. Lenovo and the UK’s decision in Panasonic v. Xiaomi and their potential impact on the global SEP landscape moving forward.
The authors note that as the EU and the UK may begin to provide a more-SEP friendly landscape than was previously available, and combined with the quicker litigation process and decisions that may be obtained in those jurisdictions, litigants may be pushed to seek relief in Europe on SEP issues, particularly considering that the U.S. has, thus far, not shown the same enthusiasm for expanding its global patent determinations.
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