DOJ, USPTO Mull Scope Of Remedies For SEP Infringement

By Hailey Konnath (December 6, 2021, 11:11 PM EST) -- The U.S. Department of Justice and U.S. Patent and Trademark Office floated a new draft policy Monday on standards-essential patents addressing the scope of remedies available to patent owners who've agreed to licenses, in particular reevaluating its stance on injunctive relief.

The Justice Department asked for comments on its new draft policy statement, which it said "seeks to promote good-faith licensing negotiations," according to a statement. Notably, it asked stakeholders to weigh in on if the possibility of injunctive relief has been "a significant factor" in negotiations over SEPs that are subject to voluntary fair, reasonable and non-discriminatory — or FRAND — commitments.

"Rather than...

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