Will Standard-Essential Patent Holders Be Shut Out Of ITC?

Law360, New York (September 30, 2013, 10:50 AM EDT) -- When Ambassador Michael Froman, the United States Trade Representative (USTR), issued his Aug. 3 letter disapproving of an exclusion order issued by the International Trade Commission (in case 337-TA-794), the news brought the agency onto the front page of newspapers.

Previously, the ITC had determined that several of Apple’s products violated one of Samsung’s standard-essential patents (SEPs), and had issued a limited exclusion order barring certain Apple products from entry into the U.S., as well as a cease-and-desist order. The USTR’s disapproval marks the first time...
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