Global FRAND Licensing in the Digital Era: Negotiation, Disputes, Remedies, and Resolutions Across Jurisdictions

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Description

Original Air Date 3.9.22

Experts from Europe, Japan, the UK, and the US share global and country-jurisdiction experiences on negotiating “fair, reasonable, and non-discriminatory” (FRAND) licenses for the use of “standard essential patents” (SEPs)—for smart phones, smart cars, and other digital products and services. Current and evolving mechanisms to achieve FRAND licenses will be discussed—ranging from incentives for closing deals by amicable negotiation, court-imposed remedies like injunctions, royalty rate-setting, and damages, to alternative dispute resolution like mediation and arbitration. Meanwhile, the panel will address views on SEPs debated within various government authorities, with examples from Japan.

Presented by:Takanori ABE of ABE & Partners; Eeva Hakoranta of InterDigital; Dr. Clemens-August Heusch of Nokia Solutions and Networks GmbH & Co KG; Jane Mutimear of Bird & Bird (UK); and moderated by Pat Breslin of Breslin Consulting, LLC

Contributors

Takanori Abe

Mr. ABE is an Attorney-at-Law, admitted in both Japan and New York. He is currently a Guest Professor of Osaka University Graduate School of Medicineand formerly a lecturer of The University of Tokyo Graduate School of Medicine andFaculty of Medicine. He is a mediator/arbitrator in Japan.

Mr. ABE works in wide areas of international andcorporate matters with a focus on intellectual property law, competition law and international commerce. The patentlitigations he has participated covers the fields of IT and Telecommunications, electronics and machinery, pharmaceuticals, chemistry, which involve advanced technology such as semiconductors, biotechnology,etc., and which are cross-border matters. He has extensive experience on representing and advising multinational and domestic clients and have advised them on FRAND matter. He also has experience in trademark,copyright and unfair competition litigation.
Eeva K. Hakoranta

Eeva K. Hakoranta is InterDigital’s EVP, Chief Licensing Officer, responsible for overseeing the company’s complete licensing portfolio and activities.

Ms. Hakoranta joined InterDigital in July 2020 and contributes more than 30 years of experience in the legal and licensing industry. Prior to joining InterDigital, Ms. Hakoranta served more than 13 years at Nokia, most recently as Senior Vice President and Head of IP and Litigation, as well as General Counsel for Nokia Technologies. Prior to leading Nokia’s IP activities, she was influential in building the company’s patent licensing team and significantly growing its licensing revenue. Before Nokia, Ms. Hakoranta served in private practice at Roschier Attorneys Ltd in Helsinki, Finland.

Ms. Hakoranta holds an LLM from the University of Helsinki.
Clemens-August Heusch

Dr Clemens-August Heusch LL.M. is VP and Head of Global Litigation and Disputes at Nokia, responsible for litigation, arbitration and mediation globally with a strong focus on multi-national IP litigation and arbitration. Since 2008 Nokia has been involved in more than 200 patent cases worldwide.
Before joining Nokia in 2008, Clemens was an attorney-at-law at the international law firm Bird & Bird LLP. He studied law at the Universities of Freiburg and Bonn, Germany; received an LL.M. degree from the University of Maastricht, Netherlands, and a doctorate from the University of Cologne, Germany. During his traineeship, he worked inter alia in the competition law team of Freshfields Bruckhaus Deringer in Cologne and Brussels, Belgium.
Clemens is a registered lawyer at the Cologne Bar and is a certified IP lawyer. Fluent in German, English and French, he regularly presents and writes on a range of legal topics. He is based in Germany.
Jane Mutimear

Jane Mutimear is a partner in Bird & Bird LLP's intellectual property department in London where she focusses primarily on patent litigation, much of which is cross border in nature. For around the past 20 years she has been particularly active in SEP litigation and arbitration.

Jane has been called a leader in her field by Legal 500 and a Who's Who Legal Patent Thought Leader. She regularly advises clients on cross-border cases, liaising with lawyers in other jurisdictions to plan a litigation or defensive strategy for international clients. In the UK she has run many cases through to trial in the High Court and Court of Appeal and has led major SEP based arbitrations.
Pat Breslin

Pat Breslin is an expert in valuation, and economic and financial analysis. He specializes in valuation of intellectual property (IP), quantifying damages in IP disputes, R&D and technology finance and development, and other areas.

Mr. Breslin has valued transactions for over 25 years in complex regulatory, litigation, and other dispute resolution contexts, often involving multiple country jurisdictions. He has analyzed and valued a range IP types, including patents on mobile commerce and communications technology, digital music and media, energy-related and green technology, and other contexts.

Mr. Breslin was also a technology business executive and managed an R&D team and IP portfolio as CEO of Relatable™ –an R&D-focused software and AI solutions provider. He is currently Chair of the AIPPI Standing Committee on IP & Green Technology, and in 2020 was Chair of the Damages Subcommittee of AIPLA’s Patent Litigation Committee.

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Description

Contributors

Takanori Abe

Eeva K. Hakoranta

Clemens-August Heusch

Jane Mutimear

Pat Breslin