The US DOJ and PTO propose limits on standard essential patent market power by requesting courts shift remedies from injunctions to damages

Startups Take Note: Feds Propose Limits on Standard-Essential Patent Market Power by Disfavoring Injunctions and Enforcing Non-Discriminatory Commitments The federal government is taking some welcome steps toward restoring the balance between antitrust policy and intellectual property rights with its proposed statement on the remedies available to standard-essential patent (“SEP”) owners against companies that depend on fair licensing terms for essential technologies. On December 6, 2021, the Antitrust Division, along with the Patent and Trademark Office and the National Institute of Standards and Technology, issued a draft revision to the federal government’s policy statement concerning the availability of injunctive relief for owners

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  • Constantine Cannon (Washington)

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David Golden, The US DOJ and PTO propose limits on standard essential patent market power by requesting courts shift remedies from injunctions to damages, 6 December 2021, e-Competitions December 2021, Art. N° 105863

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