U.S. Patent and Trademark Office building in Alexandria, VA. Photo: Diego M. Radzinschi/ALM Biden Administration Withdraws Trump-Era Policy on Standard-Essential Patents Enforcement in Favor of a 'Case-by-Case' Approach
Following the withdrawal, major sectors of the economy are left without any formal guidance on how the DOJ, the USPTO, and the NIST will treat issues concerning industry essential patents in the coming months. It appears as though uncertainty surrounding the future of Standard Essential Patent enforcement will continue in the Biden administration.
July 11, 2022 at 12:00 PM
10 minute read
Patent Licensing and Transactions
On June 8, 2022, the Department of Justice (DOJ), the 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 Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. The announcement signaled the end of a Trump-era policy that encouraged holders of industry essential patents to seek injunctive relief against infringing users. Following the withdrawal, major sectors of the economy are left without any formal guidance on how the Agencies will treat issues concerning industry essential patents in the coming months. It appears as though uncertainty surrounding the future of SEP enforcement will continue in the Biden administration.
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