With preliminary injunctions becoming a decisive battleground in global SEP and FRAND disputes, this session explores how courts across key jurisdictions are shaping access to—and constraints on—injunctive relief. From the Vodafone/HMD matter in Germany to expanding dockets in Brazil, India, and China, this session unpacks strategic use of injunctions by both SEP holders and implementers, while spotlighting where legal frameworks may shift next. Explore how national courts and the UPC are interpreting proportionality, the influence of the European Commission, and the contrasting positions across global IP enforcement venues.
• Compare how courts in Germany, the UK, the UPC, and the US weigh proportionality, public interest, and enforcement policy when determining injunction relief in SEP cases
• Examine the rising use of anti-suit and anti-anti-suit injunctions in China, India, and the US, and how they affect global access to courts and the ability to litigate or settle FRAND terms.
• Explore how jurisdictions like Brazil and Colombia are shaping global negotiations through low-cost, fast granting preliminary injunctions and limited review of FRAND defences.
• Discuss the possibilities of Injunctive relief in the USA and a change from the eBay standard.
Steven Baldwin
Le Chen
Koenraad Wuyds
