Thad Blenke Discusses Federal Circuit’s Anti-Suit Injunction Ruling

Thompson Coburn partner Thad Blenke was quoted in a recent IAM article on a Federal Circuit antisuit injunction ruling and what it means for global standard essential patent strategy. In a dispute between Lenovo and Ericsson, the U.S. Court of Appeals for the Federal Circuit remanded a lower court's denial of an anti-suit injunction against Ericsson’s enforcement of Brazilian and Colombian SEP injunctions.

“Parties are going to be more wary in their actions and at least have a good document trail that they're complying with their requirements under the European Telecommunications Standards Institute,” Thad said. “Courts are going to look closer at how the parties have actually tried to resolve the matter, especially if both are ETSI members and licensing patents on SEPs.”

Thad added that the International Trade Commission’s initial decision will be the next big thing that moves where the arguments go: “If the district court follows the ITC decision and again denies the antisuit injunction, Lenovo may be more willing to settle the licensing dispute.”

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