In today’s complex technological environment, the development of interoperability standards, especially voluntary, consensus-driven standards, is critical to allow products designed and manufactured by different companies to work together. In a major shift in antitrust/patent policy, the Trump Administration recently issued a new statement detailing their views on how to treat remedies for the infringement of standard essential patents (SEPs) subject to a RAND/FRAND commitment, i.e., “voluntary consensus-based, standard-setting activities.” Specifically, the statement asserts that SEPs are not categorically different from other “ordinary” patents and that they should be judged under the same rules as those other patents with respect to available remedies, in particular injunctive or exclusionary relief, commitment, i.e., “voluntary consensus-based, standard-setting activities.” Specifically, the statement asserts that SEPs are not categorically different from other “ordinary” patents and that they should be judged under the same rules as those other patents with respect to available remedies, in particular injunctive or exclusionary relief.
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