LitigationPatentArticle
- Published
- March 22, 2026
- Author
- Casey Scott McKay
- Reading time
- 2 min
Cross-border FRAND disputes are accelerating. This article maps the venues, the leverage points, and where licensing negotiations over standard-essential patents are actually being decided. The center of gravity has shifted toward courts willing to set worldwide rates, which changes where parties file and how quickly they move for relief. For implementers and patent owners alike, the strategic question is which forum will define the commercial terms first. We explain how that reshapes filing and negotiation strategy heading into 2027.
A Global Chess Match
Litigation over standard-essential patents has become a global chess match, with parallel actions in multiple jurisdictions shaping a single licensing negotiation.
The center of gravity has shifted toward courts willing to set worldwide rates, which changes where parties choose to file and how quickly they move for injunctive relief.
Whoever Sets the Terms First
For implementers and patent owners alike, the strategic question is no longer simply who is right on essentiality, but which forum will define the commercial terms first.