In an Intellectual Asset Management (IAM) article, IP litigation partners Steve Pepe and Kevin Post and IP litigation associate Lance Shapiro analyzed the European Commission’s standard essential patent proposal that would transform the global SEP landscape, with uncertainty and near-term risk potentially pushing SEP holders towards lawsuits in U.S. courts. If the EC regulation proceeds, future U.S. litigation may involve disputes over whether a non-binding expert opinion on aggregate royalty may be presented to a U.S. jury.
The authors note that it is too early to tell what the final regulation will look like – or even if it will be adopted in any form. However, the European Commission appears to be trying hard to reach new levels to standardize SEP essentiality assessments and rate setting, which, if successful, could serve as a roadmap for other jurisdictions to follow.
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