Caught short

Global courts are failing to provide a consistent, efficient and predictable process for resolving FRAND disputes. Yohan Liyanage, Julia Schönbohm, Pauline Debré and Simon Corbineau-Picci say it may be time for regulators to intervene

Yohan Liyanage, Julia Schönbohm, Pauline Debré and Simon Corbineau-Picci, Linklaters

Jurisdiction issues have traditionally been relatively straightforward in patent litigation, as patents are national rights and national courts generally have exclusive jurisdiction regarding their validity and infringement. As a result, patentees often initiate parallel proceedings in commercially significant markets.