In this episode of The SEP Couch, Otto Licks and Roberto Rodrigues from Licks Attorneys share their experience with SEP litigation in Brazil, which is becoming a preferred venue for worldwide patent disputes because of its efficient decision-making, bifurcated system, and high-quality patents. Brazilian courts assume patents to be valid, and the number of SEPs that have been invalidated during litigation is very low. Patent holders must provide evidence of licensing negotiations before preliminary injunctions can be issued, but Brazilian courts do not determine a FRAND (fair, reasonable and non-discriminatory) rate. Brazil has never been involved in anti-suit injunctions in the past, and the courts consider the licensing negotiation track record in their decision making.
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