Analysis

New Injunction Policy Boosts Power Of Essential Patents

Law360 (January 9, 2020, 10:16 PM EST) -- The U.S. Patent and Trademark Office's decision to endorse the Justice Department's view that injunctions should be available in cases involving standard-essential patents will give patentees more negotiating leverage and may increase their odds of securing sales bans, attorneys say.

The USPTO and the DOJ's Antitrust Division said in December that patents essential to industry standards like Wi-Fi and 4G should be treated the same as all other patents, and that companies that own them should be able to obtain injunctions.

The new policy replaces a joint statement the agencies issued in 2013 under the Obama administration, which warned that allowing the...

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