Anti-Suit Injunctions and Jurisdictional Competition In Global FRAND Litigation: The Case For Judicial Restraint

The proliferation of international jurisdictional conflicts and competing “anti-suit injunctions” in litigation over the licensing standards-essential patents has raised concerns among policy makers United States, Europe China. This article suggests that national courts temporarily “stand down” from assessing global “fair, reasonable nondiscriminatory” (FRAND) royalty rates while bodies develop a more comprehensive, efficient transparent methodology for resolving issues around FRAND licensing.