The Future Of Standard-Essential Patents At The ITC

Law360, New York (October 13, 2017, 12:33 PM EDT) -- For the second time in four years, the U.S. International Trade Commission has been asked to exclude products from import into the United States based on patents that are allegedly essential to the practice of a standard, so called standard-essential patents. In the first instance, the ITC issued an exclusion order against Apple Inc. based on SEPs owned by Samsung Electronics Co. Ltd. In that case, it was undisputed that the patents at issue were SEPs, and the ITC determined that, despite Samsung’s obligations to license...
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