News & Analysis as of

Patent Infringement Department of Justice (DOJ) FRAND

Foley & Lardner LLP

How Should a Licensing Commitment Affect the Availability of Injunctions at the ITC?

Foley & Lardner LLP on

Governed by 19 U.S.C. § 337, the U.S. International Trade Commission (“ITC”) is empowered to investigate unfair acts in the importation of articles into the United States. The ITC can be a powerful forum for owners of U.S....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

DOJ, USPTO, and NIST Withdraw 2019 Standards-Essential Patents (SEP) Policy Statement

On June 8, 2022, the Department of Justice (DOJ), U.S. Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology (NIST) (collectively, the Agencies) announced the withdrawal of the 2019 Policy...more

Haug Partners LLP

SEP Enforcement: Has the Biden Administration Tabled a Revised Policy Statement?

Haug Partners LLP on

Six months after the Department of Justice (“DOJ”), United States Patent and Trademark Office (“USPTO”), and the National Institute of Standards and Technology (“NIST”) issued a Draft Policy Statement on Licensing...more

Akin Gump Strauss Hauer & Feld LLP

U.S. and U.K. Governments Seek Immediate Stakeholder Input on SEP/FRAND Policy

Successfully licensing standard-essential patents (SEPs) is key to a company’s ability to manufacture and sell products that practice a standard. With revolutionary advances in technology on the horizon, licensing of SEPs...more

Sunstein LLP

The Department of Justice Takes on the IEEE

Sunstein LLP on

On September 10, the antitrust division of US Department of Justice (DOJ) took the unusual step of revising a 2015 business review letter it had sent to the Institute of Electrical and Electronics Engineers (IEEE)....more

Mintz - Intellectual Property Viewpoints

Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice

In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging,...more

King & Spalding

DOJ and Commerce Department Issue Antitrust Guidance on SEPs

King & Spalding on

On December 19, 2019, three federal agencies—the U.S. Department of Justice, Antitrust Division, the U.S. Patent and Trademark Office, and the National Institute of Standards and Technology—issued a joint policy statement...more

Mintz - Intellectual Property Viewpoints

Out with the old, and in with the new: joint policy statement and recent cases confirm that injunctive relief on...

When licensing discussions with an intransigent implementer break down, SEP owners face a difficult question: what remedies are available (injunctive relief or damages) in each U.S. court (International Trade Commission and...more

Orrick, Herrington & Sutcliffe LLP

The New Madison Approach Goes to Court

On January 11, 2019, the U.S. DOJ Antitrust Division (Division) filed a Notice of Intent to File a Statement of Interest in a lawsuit filed by u-blox against Interdigital in the U.S. District Court for the Southern District...more

Mintz

FTC Commissioners Weigh in on FRAND Debate

Mintz on

Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation)...more

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