Analysis

Antitrust Chief’s SEP Injunction Speech Puts Focus On Courts

Law360 (December 18, 2018, 6:14 PM EST) -- A recent speech by the head of the U.S. Department of Justice’s Antitrust Division suggesting that injunctions based on standard-essential patents should be more readily available could embolden owners of such patents in litigation, but it’s not clear that courts will follow his lead on the issue, attorneys say.

Assistant Attorney General Makan Delrahim announced Dec. 7 that his division was withdrawing from a 2013 joint policy statement with the U.S. Patent and Trademark Office that warned allowing owners of patents essential to industry standards to obtain injunctions on infringing products could harm competition.

In a series of speeches this year,...

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