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:
- 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;
- the foreign proceedings threaten the domestic court’s jurisdiction;
- generally accepted principles of equity and comity counsel in favor of or against an injunction;
- the parties and issues overlap in the domestic and foreign proceedings;
- the foreign proceedings would frustrate a domestic public policy;
- the outcome of the domestic action would be dispositive of the foreign proceedings;
- the foreign proceedings are vexatious or oppressive; and
- 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).
