SEP disputes continue to shape the US tech patent landscape, dominated by discussions over fair rate settings and royalty negotiations. Disputes often focus on whether parties will take a licence and on what terms, with litigation being used to apply pressure, test valuation positions, and move stalled negotiations forward. In this session, we will cover how these disputes are playing out and how companies are using litigation to shape outcomes.
- How SEP holders and implementers decide when to license, litigate, or hold out, and how US litigation strategy is shaping royalty outcomes.
- Review how rate setting negotiations play out, and how the interpretation of fair rates is evolving.
- How parallel enforcement, including actions in Brazil, is used to increase pressure and break stalled negotiations.
- How streaming platform disputes (e.g. DivX v. Netflix / Amazon) demonstrate the use of litigation to force royalty discussions and resolve holdout.
- The role of codec technologies (HEVC, VVC, AV1, AAC) and implementation patents in shaping SEP licensing and enforcement strategy.
Eduardo Hallak
Eduardo Hallak is one of the founding partners at Licks Attorneys and one of our leaders at the Sao Paulo office. For more than a decade, he has been working as a litigator before state and federal courts in Brazil in several complex disputes and leading cases involving Patent law, competition, and regulatory compliance, most of them pursuing the interests of clients in the area of life sciences. He also has extensive practice in trademark litigation as well as technology transfer contracts, working together with multinational clients to establish strong brand protection and licensing programs in the country. Mr. Hallak also currently teaches IP litigation in the Post-Graduation course at the prestigious Pontifical Catholic University of Rio de Janeiro (PUCRJ), has taught Civil Procedure at the at the Brazilian Association of IP Agents (ABAPI), and is often invited to lecture on procedural and strategic aspects of IP litigation, in addition to being a member of the Special Commission on Mediation of the Rio de Janeiro Chapter of the Brazilian Bar Association (OABRJ) and the Enforcement Committee of INTA.