The Availability of Standard Essential Patent Based Injunctions: Interpreting FRAND Commitments

In light of the building number of high profile cases relating to Fair, Reasonable and Non-discriminatory (FRAND) commitments, this authoritative book explores the fundamental question of whether, and when, a Standard-Essential Patent (SEP) holder’s injunction request will be justified.

Jingwen Liu explores key areas and concepts in FRAND cases, including the legal nature and consequences of a FRAND commitment, the transnational and procedural problems surrounding FRAND litigations and economic perspectives of standard setting and FRAND licensing activities. Liu proposes a three-step analytical framework to assess SEP-based injunctions, including a timely examination of the ‘willing licensor’ and ‘willing licensee’ tests. The book concludes that the only way to properly address injunction issues is through adopting an expansive interpretation of FRAND, which converts it from a one-off, rate-based requirement to an ongoing, conduct-based principle.

Adopting both a chronological and a jurisdictional approach, The Availability of Standard-Essential Patent-Based Injunctions is a vital resource for scholars and students of intellectual property law and antitrust law. Legal practitioners and policymakers will similarly benefit from its timely recommendations for refining SEP-based injunction assessments.

Jingwen Liu, Assistant Professor, Nanyang Business School, Nanyang Technological University, Singapore