US anti‐suit injunctions and German anti‐anti‐suit injunctions in SEP disputes

The essay argues that anti‐suit injunctions granted in disputes on standard‐essential patents are inconsistent with the general standards governing anti‐suit injunctions. The section on anti‐suit injunction demonstrates that the case law on anti‐suit injunctions is not comparable to disputes over standard essential patents. In contrast, anti‐anti‐suit injunctions are a legitimate response to an extraterritorial assertion of jurisdiction by foreign courts. Under EU law, the courts of member states might even be required to issue anti‐anti‐suit injunctions to protect their exclusive jurisdiction over patents.