A F/RAND Commitment Does Not Bar Injunctive Relief According to New DOJ, USPTO and NIST Policy Statement on Remedies for Standards-Essential Patents
Click here to read the full article onlineOn December 19, the Antitrust Division of the Department of Justice (DOJ), the United States Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology (NIST) issued a Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. The statement sets forth the view of these agencies that a patent holder’s commitment to offer a fair, reasonable and non-discriminatory license for a standards-essential patent (SEP) does not bar the patent holder from seeking injunctive relief or other remedies for infringement.