Analysis

New Draft Policy Will Create Obstacles For SEP Owners

By Ryan Davis (December 21, 2021, 9:39 PM EST) -- The Biden administration's position that the public interest could be harmed by owners of standard-essential patents seeking injunctions will provide new leverage to accused infringers and potentially create risk for patent holders, although courts will have the last word, attorneys say.

The U.S. Department of Justice and the U.S. Patent and Trademark Office unveiled a draft policy statement this month on the contentious issue and will accept public comments on the proposal until February. The agencies' view essentially reverses the Trump administration's 2019 position that injunctions should be available to owners of standard-essential patents when those patents are infringed.

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