International Arbitration of SEP FRAND Royalties

Pepe, Steven, Brenner, Samuel & Morales, Michael

Journal: Touro Law Review

Volume: 39

Year: 2024

Bluebook Citation: 39 TOURO L. REV. (2024)

Author: Michael A. Morales: all 2 publications


Abstract

Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.

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