Tech and Innovation Agenda

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.

Is there a technology emerging more conspicuously than AI? Probably not. With this in mind, this session explores how AI and other innovations like 5G and HEVC are reshaping patent litigation worldwide. Understand the evolving challenges these technologies present, how patent enforcement strategies are adapting, and the legal frameworks, including the EU AI Act and DSM Directive, influencing IP management today.

• Explore how emerging technologies such as AI, 5G, and HEVC are influencing global patent enforcement and FRAND disputes.

• Discuss the intersection of AI development, patent creation, and prosecution, including implications of the EU AI Act and DSM Directive on IP strategy.

• Understand why patent litigation remains the IP function’s primary focus amid AI’s rise, and the evolving landscape of trade secrets, copyright, and trademarks.

As the UPC establishes its position in the European IP landscape, the tension between national courts and the UPC is growing more pronounced. From Germany’s increasingly patentee-friendly stance to the emerging strategic importance of UPC first-instance decisions, this session unpacks the evolving dynamics shaping venue selection. With leading jurisdictions competing for relevance and consistency, legal teams must carefully weigh litigation strategies, timelines, and judge behaviour across venues. This session explores what’s driving decision-making in general technology patent litigation cases, FRAND and SEP disputes, and how industry stakeholders are navigating a fragmented, fast-moving litigation environment.

• Compare litigation strategy and outcomes between the UPC and key national courts, including Germany and the UK.

• Assess how judicial behaviour, timing, and appeal prospects are influencing venue selection in high-stakes tech disputes.

• Understand the impact of important case law at the UPC, including Panasonic vs Oppo (2024) and determine your strategy accordingly.