"The statement commendably points out that the interests of both SEP holders and implementers should be appropriately considered in the standard setting process. Where the statement falls short is that it places insufficient emphasis on the importance of the role of strong patent protection in spurring welfare-enhancing innovation."
"[c]onsistent with the prevailing law... injunctive relief, reasonable royalties, lost profits, enhanced damages for willful infringement, and exclusion orders issued by the U.S. International Trade Commission... are equally available in patent litigation involving standards-essential patents."
"inconsistent with the public interest."
"The draft statement indicates that good-faith negotiation that leads to widespread and efficient licensing between"
The Department of Justice, USPTO, and NIST issued a draft revision of their joint Policy Statement on Remedies for standards-essential patents (SEPs) subject to voluntary FRAND commitments and requested public comment. The 2019 Statement affirmed that injunctive relief, reasonable royalties, lost profits, enhanced damages, and ITC exclusion orders are equally available in SEP litigation, differing from a 2013 caution that injunctions or ITC exclusion orders may be inconsistent with the public interest. President Biden's July 2021 Executive Order prompted the interagency review. The draft does not clearly revert to the 2013 approach and remains provisional pending stakeholder input. Positions range from protecting SEP holders and implementer access under FRAND to emphasizing strong patent protection to incentivize innovation.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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