Friday, March 12, 2021
Antisuit follow-up: deference to foreign jurisdictions ranges from 'never' to 'always'; and what role could standard-setting organizations play?
First, for the sake of completeness I must point out that the German zero-deference doctrine (sanctity of patents beats everything and warrants self-defense) and the multifactorial analysis performed by U.S. and Chinese courts are not the only two frameworks. There's a spectrum, and the longer it takes to resolve the current antisuit crisis, the more variants we will see.
The extent to which courts in one country defer to injunctions or ongoing SEP-related proceedings in another can range from 0% to 100%. I'll use four words without any intent to allude to a movie title: