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<IP Practice Online> “The forefront of standard-essential patents (SEPs): Practice in light of global litigation trends” (Akiko Araki, Attorney at Law, Patent Attorney and California Attorney)

Oct 2
1 min read

Article information

Content type: Lectures and videos

Categories: United States / China / Europe

Issues: Standard-essential patents / FRAND / Injunctions / International jurisdiction

First published on this site: 2026-10-03

Display and classification checked: 2026-10-03

<IP Practice Online> “The forefront of standard-essential patents (SEPs): Practice in light of global litigation trends” (Akiko Araki, Attorney at Law, Patent Attorney and California Attorney)

1. Current state of SEPs and FRAND licensing

SEPs are patents essential to implementing standardized technology, and holders are obligated to offer licenses on FRAND terms. Disputes over rate determination and the availability of injunctions are intensifying.

2. Changes in international litigation trends

Europe: The Unified Patent Court has started operating, allowing holders to obtain injunctions across a broad European area in a single proceeding.

China: Chinese courts actively assert authority to determine worldwide royalty rates.

United States: Injunctions remain difficult to obtain, and monetary resolution remains the principal issue.

3. Battles over injunctions (ASIs/AASIs)

Exchanges of anti-suit injunctions and anti-anti-suit injunctions are frequent.

4. Impact of the proposed EU SEP Regulation

The proposal includes essentiality assessments and advance determination of rates by EUIPO.

Original article: https://lnkd.in/gwPZNdB8

Original source shown in the LinkedIn preview: https://www.youtube.com/watch?v=Y3YND0nJzd4

Update and correction history

Dated entries are added for corrections, supplements, classification, display, and related-article changes, separately from the first publication date.

2026-10-03: First publication on this site from the LinkedIn original.

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