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Expert Analysis - Opinion

DOJ Speech May Leave SEP Implementers In Dire Straits

Law360 (December 10, 2018, 2:21 PM EST) -- In a speech delivered in Palo Alto, California, on Dec. 7, the head of the U.S. Department of Justice’s Antitrust Division, Assistant Attorney General Makan Delrahim, announced that the DOJ was withdrawing its assent to the 2013 Policy Statement on Remedies for the Standards-Essential Patents Subject to Voluntary F/RAND Commitments, which it issued with the U.S. Patent and Trademark Office.[1] During the course of the speech, Delrahim somehow managed both to praise the U.S. Supreme Court’s 2006 eBay decision,[2] which limits the federal courts’ authority to grant injunctions in patent (and other) cases, while also insinuating that eBay undercuts patent owners’ “fundamental...

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