The 2020 Joint Annual Meeting of The Sedona Conference Working Group 9 on Patent Damages and Remedies (WG9) and Working Group 10 on Patent Litigation Best Practices (WG10) will be held online on Thursday, November 19, and Friday, November 20.
Partner Anthony Trenton will be part of the panel “Unique Problems and Opportunities Posed by Global Patent Litigation” on November 19, 1–2 p.m. ET. Increasingly multinational corporations with global patent portfolios are seeking to enforce their patent portfolios on multiple fronts across different patent jurisdictions around the world. On the other side, companies that expect to be asked to license such global portfolios are considering strategies to limit their exposure by steering dispute resolution to more favorable venues.
The US patent system, which for a time has been the dominant venue for many of the largest global disputes, is no longer the primary jurisdiction for patent portfolio enforcement; it is now merely one of several significant aspects of a global litigation strategy. International arbitrage of different patent jurisdictions and the different substantive and/or procedural systems is inevitable. There is no unitary system—either for the issuance of patents or for the litigation of patents.
The goals of WG10 Commentaries in Global Patent Litigation are as follows:
- Identify for the bench and bar the main global strategies that multinational corporations employ to take advantage of the different patent systems, so courts can better understand where the case they are presiding over fits within the larger puzzle, which may provide useful context for their case management and decision-making.
- Help the bench and bar understand how different jurisdictions address the problems common to all patent jurisdictions, and to learn from this information.
- Improve the resolution of global patent portfolio enforcement actions.
Partner Mark Selwyn will be a on the panel “The Global Implications of Standard-Essential Patent (SEP) and Fair, Reasonable, and Non-Discriminatory (FRAND) Litigation” on November 19, 2:45–4:15 p.m. ET. This panel will discuss the various legal aspects involved in SEP and FRAND licensing and litigation in the world. The "Global Edition" will function as an addition to the Framework for Analysis published by The Sedona Conference in 2018 and 2019 which is limited to the US. The Global Edition will be covering the same and related issues in licensing and patent litigations outside of the US. The "Global Edition" will also discuss additional topics that have not played the same or any role in the US so far.
