USPTO, DOJ Downplay Essential Patents' Licensing Terms

By Jay Jurata and Emily Luken (February 7, 2020, 4:42 PM EST) -- After withdrawing support from a 2013 policy statement[1] on appropriate remedies for standard-essential patents subject to a commitment to license on fair, reasonable and nondiscriminatory terms, the U.S. Department of Justice's Antitrust Division and the U.S. Patent and Trademark Office, along with the National Institute of Standards and Technology, recently issued a new policy statement[2] on the same subject. 

The new statement emphasizes that, while the existence of a FRAND commitment is a "relevant factor" in determining appropriate remedies for infringement of SEPs, there is no "special set of legal rules" when it comes to FRAND-encumbered SEPs. Under this framework, all...

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