IPWatchdog's "What Mattered in 2020? Industry Experts Have Their Say on This Year’s Biggest Moments in IP"

IPWatchdog’s “What Mattered in 2020? Industry Experts Have Their Say on This Year’s Biggest Moments in IP”

IPWatchdog asked for my views on what mattered when it came to IP in 2020.

First, the willingness of national courts to declare global FRAND terms will exacerbate the rash of anti-suit injunctions and anti-anti-suit injunctions seen in FRAND litigation this year. A détente is possible, but the solution needs to be comprehensive, collective, and commercially sensible. WIPO can play a central role in this effort.

Second, the tide turned in 2020 in favor of antitrust defendants in cases involving standard essential patents. Qualcomm effectively excludes antitrust law from FRAND disputes, for now, leaving implementers to find succor in patent and contract law. Patent misuse and exhaustion may have new avenues for doctrinal expansion. Implementers and owners should study them carefully.

Third, the world made significant progress articulating where AI fits into IP doctrine and where it does not, but the devil remains in the details.

https://www.ipwatchdog.com/2020/12/27/mattered-2020-industry-experts-say-years-biggest-moments-ip/id=128418/