Anti-anti-suit injunctions a topic of interest at MIP's International Patent Forum

It is genuinely amazing how legal issues relegated to the back burner can come back with a vengeance. As I've mentioned in recent posts, the use of anti-suit injunctions, previously a rare beast, continues to escalate in the FRAND space. Further, jurisdictions that have hitherto not even recognised the concept now, in the context of FRAND disputes, grant anti-anti-suit injunctions to protect their own proceedings (though, at least through an English law perspective, an anti-anti-suit injunction is really a species of anti-suit injunction). Matters escalate from there.

Accordingly, it was inevitable they would be a topic of discussion at MIP's International Patent Forum. This article from MIP summarises some of the key views of various companies, including some big names in the licensing sphere.

As is observed in the article, if everyone would just be reasonable from the start, these issues would never become a problem. However, as everyone's view of what is reasonable is subjective, it is difficult to see that happening without significant centralised reform.