Tillis Slams DOJ's Plan To Revise Policy On Essential Patents

By James Arkin (January 21, 2022, 7:22 PM EST) -- Sen. Thom Tillis, R-N.C., the top Republican on the Senate's intellectual property subcommittee, criticized U.S. Department of Justice officials over a recent draft policy statement seeking to reverse a Trump-era policy that made it easier for holders of standard-essential patents to seek injunctive relief in court.

The Trump policy replaced the previous stance of U.S. competition enforcers, which was that patent holders could face antitrust claims from the government if they sought court injunctions against use of their patents without engaging in what enforcers believed were sufficient efforts to negotiate a licensing deal on fair, reasonable and nondiscriminatory terms. Since the...

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