In withdrawing the 2013 statement, the new 2019 guidance by the DOJ, NIST and the USPTO states the obvious, i.e. that there is no difference in the law between F/RAND assured standard essential patents and all other patents. While some would have perhaps liked to break the unitarity approach of the patent system so as to weaken remedies against the infringement of essential patents, a legal system that would apply a different standard to standard essential patents as opposed to other patents would violate U.S. trade obligations.
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Recent Posts
- IPWatchdog LIVE Event Wraps Up with Featured Speakers Makan Delrahim and Vishal Amin
- Iancu, Kilbride, Israel Separate Fact from Fiction During IPWatchdog LIVE Panel on TRIPS IP Waiver
- Qualcomm’s Mark Snyder Headlines IPWatchdog LIVE Day 2: ‘The U.S. Needs a New Innovation Policy’
- Tillis and Leahy Urge USPTO to Address Inconsistent Prior Art Statements by Patent Applicants at the FDA
- Report: Almost One-Third of IPR Proceedings are Settled