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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!