Using ADR to Resolve SEP Litigation & Set FRAND

November 11, 202111:00am EST to 12:30pm ESTLive Stream

About this Panel

RegisterAlternative Dispute Resolution (ADR) mechanisms, include mediation and arbitration, are expeditious, flexible, and important tools for parties wishing to bring complex commercial disputes to resolution. Perhaps nowhere in the intellectual property world is ADR more appropriate than in the standard essential patents (SEP) arena, where disputes involve vast patent portfolios with assets from many different countries, differing scopes of patent rights, and increasingly a race to a favorable courthouse followed by months of anti-suit injunction (ASI) litigation. Couple this together with courts around the world over the last several years realizing that holdout and willful infringement is as much, if not more, of a concern than holdout, and meditation and arbitration are increasingly a viable choice.

For those parties wanting to conclude a FRAND licensing agreement without the uncertainty of lengthy, contentious, and unpredictable SEP litigation, ADR provides the ability to tailor the scope of the dispute, choice of law options, confidentiality, international enforceability of arbitration awards and leeway to structuring the arbitration procedure, not to mention the availability of mediators and arbitrators who are experts in the law and substance of the dispute.

Panelists Will Discuss

  • How both mediation and arbitration provide catalysts to settle FRAND disputes
  • The pros and cons of mediating SEP disputes versus using arbitration
  • Pros and Cons of a limited arbitration scope (i.e., number of patents, issues)
  • Defining a geographic scope for FRAND license (i.e., globally or defined markets only)
  • Confidentiality of sensitive and secret information, such as comparable licenses
  • How private resolution removes litigant challenges associated with ASI and AASI


11Hon. David Folsom

Hon. David Folsom

Chief Judge, U.S. District Court Eastern District of Texas (Ret.)
11Hon. Randall Rader

Hon. Randall Rader

Chief Judge, Federal Circuit (Ret.)
11Hon. Susan Braden

Hon. Susan Braden

Chief Judge, United States Court of Federal Claims (Ret.)
11Gene Quinn

Gene Quinn

President & CEO, IPWatchdog, Inc.

Event Info

  • November 11, 2021
  • 11:00am EST - 12:30pm EST
  • Live Stream