DOJ, USPTO Fight Import Bans In Essential-Patent Cases

Law360, New York (January 8, 2013, 7:49 PM EST) -- The U.S. Department of Justice and the U.S. Patent and Trademark Office joined forces Tuesday to discourage the International Trade Commission from banning imports of products based on standard-essential patents, boosting the pressure on the specialty court to use its public interest test to shield willing licensees from exclusion orders.

The antitrust watchdog and the patent office sent the ITC a policy statement explaining that SEP owners who have agreed to license their intellectual property on fair, reasonable and nondiscriminatory terms should not be allowed to...
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