As was recently reported by IPWatchdog (here and here), the U.S. Patent and Trademark Office (USPTO), the National Institute of Standard and Technology (NIST), and the U.S. Department of Justice, Antitrust Division (DOJ) issued a statement on June 8 withdrawing the December 19, 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments (2019 Policy Statement). A footnote to the statement further provides that “the agencies do not reinstate the January 8, 2013, Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments issued by the DOJ and the USPTO.” Curiously, this statement makes no mention of the 2021 Draft Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments (2021 Draft Policy Statement), which draft statement was criticized by a broad cross-section of industry participants for a variety of different reasons. Regardless, our question is simply this: why did the 2019 Policy Statement need to be withdrawn instead of simply not proceeding with the 2021 Draft Policy Statement or, alternatively, modifying those portions of the 2019 Policy Statement that the agencies did not agree with? By throwing the baby out with the bath water, patent owners are now left to guess where the agencies stand on such issues.
Patent
- Enablement
- Fee Shifting
- Litigation
- Good Faith Doctrine and NFTs – How a Bored Ape NFT Dilemma May Present Unique Copyright and Contract Issues
- Other Barks & Bites for Friday, July 1: Tillis and Daines Question Google on Political Email Censorship, Third Circuit Finds No Copyright in Fireworks Communications System, and Eleventh Circuit Clarifies Likelihood of Confusion Test in Reverse Infringement Cases
- SCOTUS Kicks Patent Eligibility Cases to the Curb in Last Move of the Term
- Patent Litigation Financing: Fighting Efficient Infringement with Funding
- USPTO Report Underscores Split on State of U.S. Patent Eligibility Jurisprudence
Recent Posts
- Good Faith Doctrine and NFTs – How a Bored Ape NFT Dilemma May Present Unique Copyright and Contract Issues
- Other Barks & Bites for Friday, July 1: Tillis and Daines Question Google on Political Email Censorship, Third Circuit Finds No Copyright in Fireworks Communications System, and Eleventh Circuit Clarifies Likelihood of Confusion Test in Reverse Infringement Cases
- SCOTUS Kicks Patent Eligibility Cases to the Curb in Last Move of the Term
- Patent Litigation Financing: Fighting Efficient Infringement with Funding
- USPTO Report Underscores Split on State of U.S. Patent Eligibility Jurisprudence