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Faculty of Law
UNB Fredericton

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Professor Norman Siebrasse releases new book

Professor Norman Siebrasse has edited a new book, Patent Remedies and Complex Products: Toward a Global Consensus, released this summer by Cambridge University Press. The book represents over two years of collaboration among twenty legal scholars and presents an international consensus on the use of patent remedies for products such as smartphones and computer networks. It covers monetary remedies (reasonable royalties, lost profits, and enhanced damages), injunctive relief, and the effect of competition laws and agreements to license standards-essential patents on terms that are 'fair, reasonable and non-discriminatory' (FRAND). Where national values and policy make consensus difficult, the contributors discuss the nature and direction of further research required to resolve disagreements.

Professor Siebrasse was instrumental in the completion of this lengthy research project. He served as a subject matter expert and member of the International Patent Remedies for Complex Products (INPRECOMP) steering committee. Alongside Jorge Contreras (S.J. Quinney College of Law, University of Utah), Siebrasse was responsible for assembling the team of global experts in intellectual property.

“A key objective of the project was to identify areas of disagreement which require further research,” said Siebrasse. “It was therefore important to attract participants from a variety of different jurisdictions and legal traditions. On the other hand, a great deal of the litigation and important legal developments have taken place in the United States, and our group had to reflect that as well. We ended up with participants from eleven different countries, including all the major patent litigation jurisdictions.”

The researchers held a series of workshops in the UK and the US before splitting into smaller working groups to develop the individual chapters. After collaboration through email exchange, the team completed their initial drafts of each chapter. These drafts were dissected by a panel of esteemed judges and leading practitioners, who provided practical feedback based on their experience in complex products litigation.

“At the first workshop participants volunteered to be involved in the drafting of one or more chapters. A lead author for each chapter was responsible for coordinating the drafting process. The process was a bit easier because we were not trying to achieve consensus on every point; if there were clear points of disagreement, we would simply identify those as areas needing further research. I was surprised as the degree of consensus we were able to achieve in some very contentious areas, such as injunctive relief. But whether we were developing consensus, or identifying precisely our points of disagreement, there was of course a lot of back and forth discussion.”

Patent Remedies and Complex Products: Toward a Global Consensus is available for purchase as a hardcopy and available as an open-access pdf through Cambridge University Press.

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