Resolution Related to Anti-Suit Injunctions

Resolution Related to Anti-Suit Injunctions

Resolution Related to Anti-Suit Injunctions

RESOLVED, that IPO believes that an anti-suit injunction (ASI)should not be granted in SEP cases involving F/RAND-encumbered intellectual property rights matters where:
due process, including proper notice, is lacking;
transparency is lacking; or
disproportionate penalties are included.

FURTHER RESOLVED, IPO further believes that courts should carefully consider the following factors before granting or denying an ASI in SEP cases whether:

  1. under generally accepted legal principles and/or by consent of the parties, the domestic court has jurisdiction over the parties and the subject matter of the foreign proceedings;
  2. the foreign proceedings threaten the domestic court’s jurisdiction;
  3. generally accepted principles of equity and comity counsel in favor of or against an injunction;
  4. the parties and issues overlap in the domestic and foreign proceedings;
  5. the foreign proceedings would frustrate a domestic public policy;
  6. the outcome of the domestic action would be dispositive of the foreign proceedings;
  7. the foreign proceedings are vexatious or oppressive; and
  8. both parties have expressly consented to the domestic court setting binding F/RAND license terms for the F/RAND encumbered IPRs issued by foreign jurisdiction(s).
Intellectual Property Owners Association
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