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.
Patent
- Enablement
- Fee Shifting
- Litigation
- Tillis to Garland/ Kanter: Pursuit of New Draft Policy on SEPs Shows a ‘Failure of innovation Leadership’
- Knowledge Ecology International’s New March-In Petition is Déjà vu All Over Again – With One Twist
- Property Rights Groups Urge Garland and Kanter to Withdraw ‘Misguided’ Policy Statement on SEPs Subject to FRAND
- CAFC Nixes District Court Claim Construction in Win for Firearms Patent Owner
- Tips for Litigating Multiple Simultaneous Patent Infringement Investigations at the ITC
Recent Posts
- Tillis to Garland/ Kanter: Pursuit of New Draft Policy on SEPs Shows a ‘Failure of innovation Leadership’
- Knowledge Ecology International’s New March-In Petition is Déjà vu All Over Again – With One Twist
- Property Rights Groups Urge Garland and Kanter to Withdraw ‘Misguided’ Policy Statement on SEPs Subject to FRAND
- CAFC Nixes District Court Claim Construction in Win for Firearms Patent Owner
- Tips for Litigating Multiple Simultaneous Patent Infringement Investigations at the ITC