To pay, or not to pay: That is the question?

Remember the so called „Smartphone-Wars” in the years 2010-2014? At that time, and for the first time, a huge number of standard essential patents (SEPs) was enforced between competitors with many examples of substantial royalties. Today the number of SEPs has “normalised” and it is more a case of “business as usual” (with some notable exceptions).

Automation and digitalisation of cars (the “phone on wheels”) has brought the automotive industry unexpectedly into the same arena as the telecom industry and their respective licensing models. “Smartphone Wars 2.0“ is now a reality.

The first waves of complaints have reached the automotive field and now is the time to take stock, not just of the legal situation, but also the strategy and future developments that will help your organisation.

Join our Automotive Patent Wars IP event and meet other in-house IP professionals to discuss the following questions and more:

  • Is it “Smartphone Wars 2.0 – the automotive industry” or are we talking about something completely different?
  • Licensing practice and licensing customs of the automotive industry come from a different world – but how do you best deal with the new issues?
  • Is it accepted that payments must be rendered and are we only talking about the correct, that means fitting, way to handle?
  • Are we being driven back to payments again, which means to the right amount (smallest saleable unit?)
  • Can we de-couple the amount of the royalty from the position of the product in the supply chain
  • How do you react effectively and strategically when faced with a patent attack – you are hard-pressed to refer to any existing portfolios within the automotive industry! 
IP Veranstaltung
Patentverletzung, Lizenzrecht & Technologietransfer
Termin
09.05.2019
Diese Veranstaltung liegt in der Vergangenheit.
Adresse
BARDEHLE PAGENBERG Partnerschaft mbB
Prinzregentenplatz 7
81675 Munich
Konferenzsprache
Englisch
Bitte beachten Sie unsere Hinweise zum Datenschutz.

Prof. Dr. Gunther Friedl

Professor of Business Administration, Technical University of Munich


Dr. Dana Ferchland

Senior Researcher, Legal 500 Deutschland


Dr. Matthias Schneider

Johannes Heselberger, BARDEHLE PAGENBERG

Dipl.-Phys. Johannes Heselberger

Rechtsanwalt & European Patent Attorney, Managing Partner

Prof. Dr. Peter Chrocziel

Rechtsanwalt, Attorney-at-Law (New York), Partner

Tilman Müller-Stoy, BARDEHLE PAGENBERG

Prof. Dr. iur. Tilman Müller-Stoy

Rechtsanwalt, Fachanwalt für Gewerblichen Rechtsschutz, Wirtschaftsmediator (MuCDR), Partner

Dr. rer. nat., Dipl.-Phys. Hans Wegner

Patentanwalt, European Patent Attorney, Partner

Agenda

12:00

Registration | Lunch | Networking

13:00

Welcome Address | Introduction

Johannes Heselberger, Attorney-at-Law & European Patent Attorney, Managing Partner BARDEHLE PAGENBERG

13:15

Keynote/Motivation: „A changing environment“

Prof. Dr. Gunther Friedl, Professor of Business Administration at the Technical University of Munich

Starting from the peaceful environment of the past (cross licenses, litigation mainly between suppliers) there are at least three reasons for changes:

  • Telco patents cover more and more also products of the automotive industry; the related litigation („Smartphone Wars“; enforcement of injunctions by NPEs) will be inevitable and has already started
  • Changes in the industrial landscape (old players leaving the market – making their patent portfolios available for enforcement or sales to NPEs; new players eager to enter the market)
  • New technologies (autonomous driving, batteries, etc.) may lead to more aggressive IP strategies of established competitors
14:00

IP-Litigation in the telco area – Lessons to be learned for the automotive industry?

Prof. Dr. Tilman Müller-Stoy, Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), Partner BARDEHLE PAGENBERG

Exemplary aspects:

  • The typical course of patent litigation in Germany (and Europe)
  • How do you prepare for simultaneously litigating a two digit number of patents?
  • Defense strategies: proactive or passive?
  • When to strike a deal?
14:45

Coffeebreak

15:15

Standard essential patents (SEPs)

Johannes Heselberger, Attorney-at-Law & European Patent Attorney, Managing Partner BARDEHLE PAGENBERG
Prof. Dr. Peter Chrocziel, Attorney-at-Law, Attorney-at-Law (New York), Partner BARDEHLE PAGENBERG
Dr. Hans Wegner, German and European Patent Attorney, Partner BARDEHLE PAGENBERG

Exemplary aspects:

  • The “FRAND dance”
  • Technical preparations:  Reliable infringement and validity analyses
  • Tools for an objective overall assessment of the situation
  • Legal preparations: What is a FRAND offer?
16:00

The In-house IP Counsel’s Perspective: an open discussion with panelists from leading automotive OEMs and suppliers

Chaired by Dr. Dana Ferchland, Senior Researcher, Legal 500 Deutschland

Question and Answer: debating the speakers’ key themes in the context of in-house counsels’ experience

Dr. Matthias Schneider, Chief Licensing Officer, AUDI AG
Dr. Peter Kammermeier, Head of Patents for Communication and Information Technology, BMW Group

17:00

Networking drinks and snacks on the rooftop terrace and in the lounge area