Skilled in the Art With Scott Graham: Thales Tries to Exclude ITC From SEP Litigation + Garage Door Wars Are Coming to a Head +Once-Mighty E-Commerce Patent Ruled Ineligible
Auto makers, app developers and FTC commissioners are arguing that the ITC shouldn't be in the business of excluding imports from willing SEP licensees. Patent owner Philips says Thales is far from willing.
May 27, 2022 at 03:00 PM
8 minute read
Skilled in the Art
Welcome to Skilled in the Art. I'm Law.com IP reporter Scott Graham.
We've got some big shots set to argue some big cases at the Federal Circuit in June. Artificially intelligent inventors, standard-essential patents at the ITC and organ transplant diagnostics are just a few of the items on next month's menu. I'll preview a couple of them today and save a few more for next week. Plus it's finally time to say farewell to the Eolas e-commerce patent litigation—at least until it goes up on appeal.
As always you can email me your feedback and follow me on Twitter.
Lina Khan, chair of the Federal Trade Commission, speaks during a House Appropriation Subcommittee hearing on Wednesday, May 18, 2022. (Photo: Al Drago/Bloomberg) Should ITC Be Enjoined From Reviewing SEPs?
There's no explicit law preventing owners of standard-essential patents from asserting them at the International Trade Commission. But some folks would like there to be one, at least when it comes to "willing licensees," given the additional leverage the threat of an exclusion order applies to a FRAND royalty negotiation.
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