The OUII further noted that '[f]iling an ITC complaint, even on the same day an offer is made, does not necessarily mean that an SEP owner violated its FRAND obligations because good faith negotiations may have occurred before the offer and negotiations may continue in good faith after the complaint is filed.'
The original focus of the 2013 Policy Statement was whether ITC exclusion orders issued pursuant to 19 U.S.C. §1337 were, as a matter of public interest, appropriate for patents subject to a licensing related commitment.
FTC Chair Lina M. Khan and FTC Commissioner Rebecca Kelly Slaughter expressed concern that an exclusion order regarding a standard essential patent 'has the potential to cause substantial harm to U.S. competition, consumers, and innovation.'
The status of injunctions for patents subject to licensing commitments remains unclear after a series of Policy Statements brought about uncertainty in their application.
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