New US Policy On SEP Remedies Restores Critical Balance

Law360 (March 19, 2020, 5:40 PM EDT) -- In January 2013, the U.S. Department of Justice's Antitrust Division and the U.S. Patent and Trademark Office issued a joint policy statement that has generally been interpreted to limit the availability of injunctive relief for infringement of standard-essential patents subject to fair, reasonable and nondiscriminatory licensing assurances.

In December 2019, the agencies, joined this time by the National Institute of Standards and Technology, backed away from the 2013 statement and clarified that FRAND-assured SEPs are governed by the same set of rules as other patents and that remedies, including injunctions, are available as appropriate under the general framework of substantive remedies...

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