Richard S.J. Hung spoke to Law360 about the patent litigation trends to watch this year.
In January 2021, Eastern District of Texas Judge Rodney Gilstrap barred Samsung from enforcing an injunction it won in a Chinese court against Ericsson in a dispute over standard-essential patents that later settled.
Since related suits are often filed in many countries over this critical type of intellectual property, and foreign courts have spoken out in favor of their ability to handle them, “it’s just a matter of time before U.S. courts re-assert their own voice about the appropriateness of SEP issues being resolved here,” Richard said. The U.S. government’s call for comments on the issue will ensure it remains a focus of patent law in 2022.