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United States Patent and Trademark Office › FRAND › Patents

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Baker Botts L.L.P.

Developing IP Issues in Energy Technology and Renewables

Baker Botts L.L.P. on

In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies....more

Akin Gump Strauss Hauer & Feld LLP

USPTO and UKIPO Announce Collaboration Effort on Standard Essential Patent Policies

Akin Gump Strauss Hauer & Feld LLP on

The United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) have signed a memorandum of understanding (MoU) that outlines a new framework for collaboration between the two...more

WilmerHale

PTAB/USPTO Update - July 2024

WilmerHale on

USPTO Leadership - ..On June 3, the USPTO announced the appointment of Derris Banks as Regional Director of the USPTO’s Elijah J. McCoy Midwest Regional Office located in Detroit, Michigan....more

McDermott Will & Emery

PTO Collaborates With UK Counterpart to Address Standard-Essential Patents

McDermott Will & Emery on

On June 3, 2024, Under Secretary of Commerce for Intellectual Property and US Patent & Trademark Office (PTO) Director Kathi Vidal and Chief Executive Officer of the UK Intellectual Property Office (IPO) Adam Williams signed...more

Kilpatrick

4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation

Kilpatrick on

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: Standard Essential Patents at the PTAB: Are SEPs Faring any Differently than...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Standard-essential patents (SEPs) are on the rise. A key factor undergirding that rise is the desire for device connectivity in all things, and the fact that reliable and robust connectivity is impossible without using key...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

WilmerHale on

This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

WilmerHale

Why US Should Help European Efforts to Fix SEP Licensing

WilmerHale on

The U.S. Patent Office, the National Institute of Standards and the International Trade Administration are all currently seeking input to establish U.S. policy on foreign standard-essential patent licensing regulatory regimes...more

Mintz - Intellectual Property Viewpoints

DOJ Breaking with Big Tech Approach to SEPs

Mintz - Intellectual Property Viewpoints on

On June 8, 2022, the DOJ, USPTO, and the National Institute of Standards and Technology (NIST) (collectively, the Agencies) issued a new statement on FRAND licensing (2022 Statement) providing no set policy regarding...more

Perkins Coie

Trump-Era Statement on Standards-Essential Patents Withdrawn

Perkins Coie on

The Antitrust Division of the U.S. Department of Justice (DOJ), the U.S. Patent and Trademark Office (USPTO), and the National Institute of Standards and Technology (NIST) (the Agencies) announced the withdrawal of a 2019...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

DOJ, USPTO, and NIST Withdraw 2019 Standards-Essential Patents (SEP) Policy Statement

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On June 8, 2022, the Department of Justice (DOJ), 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...more

Haug Partners LLP

SEP Enforcement: Has the Biden Administration Tabled a Revised Policy Statement?

Haug Partners LLP on

Six months after the Department of Justice (“DOJ”), United States Patent and Trademark Office (“USPTO”), and the National Institute of Standards and Technology (“NIST”) issued a Draft Policy Statement on Licensing...more

McDermott Will & Emery

2022 IP Outlook Report: The Developments Shaping Patent Law

McDermott Will & Emery on

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - Tracking with this era’s continuation and uncertainty trends―global supply chain disruption, innovation outpacing legislation, the unstoppable internet of [all the] things (IoT)―2022 is...more

Akin Gump Strauss Hauer & Feld LLP

U.S. and U.K. Governments Seek Immediate Stakeholder Input on SEP/FRAND Policy

Akin Gump Strauss Hauer & Feld LLP on

Successfully licensing standard-essential patents (SEPs) is key to a company’s ability to manufacture and sell products that practice a standard. With revolutionary advances in technology on the horizon, licensing of SEPs...more

Goodwin

USPTO Issues New Guidance “Clarifying” its 2013 Policy Statement on Availability of Injunction Relief and Exclusion Orders for...

Goodwin on

For those who attended our October webinar on standard essential patent (SEP) issues at the International Trade Commission (ITC), you may recall that, in 2013, the U.S. Patent and Trademark Office (PTO) and Department of...more

King & Spalding

DOJ and Commerce Department Issue Antitrust Guidance on SEPs

King & Spalding on

On December 19, 2019, three federal agencies—the U.S. Department of Justice, Antitrust Division, the U.S. Patent and Trademark Office, and the National Institute of Standards and Technology—issued a joint policy statement...more

Mintz - Intellectual Property Viewpoints

Out with the old, and in with the new: joint policy statement and recent cases confirm that injunctive relief on...

Mintz - Intellectual Property Viewpoints on

When licensing discussions with an intransigent implementer break down, SEP owners face a difficult question: what remedies are available (injunctive relief or damages) in each U.S. court (International Trade Commission and...more

Faegre Drinker Biddle & Reath LLP

Standardize This: Senators Ask Feds for Clarity on Standard Essential Patent Licensing Policy

Faegre Drinker Biddle & Reath LLP on

United States Senators Thom Tillis (R-NC) and Chris Coons (D-DE) recently sent a bipartisan letter to the U.S. Department of Justice (DOJ) requesting clarity surrounding the DOJ’s antitrust enforcement policy against holders...more

Mintz - Intellectual Property Viewpoints

Significant 2018 Patent Decisions and a Look Ahead

Mintz - Intellectual Property Viewpoints on

This year the Supreme Court, United States Court of Appeals for the Federal Circuit, and the Federal District Courts penned a number of opinions impacting patent law. Here are some key takeaways from the past year....more

Latham & Watkins LLP

DOJ to Withdraw Assent to Standards-Essential Patent Policy Statement

Latham & Watkins LLP on

Antitrust Division head calls for a more balanced discussion of competing interests when a standard-essential patent holder seeks an injunctive order. Overview - Assistant Attorney General Makan Derahim has announced...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- Keeping an Eye on Patent Trolls

McDonnell Boehnen Hulbert & Berghoff LLP on

The Question Worth Pondering: Innovation Provokers or Idea Thieves? - In the past five years Cisco and J.C. Penney have spent close to $350 million fending off demands from patent trolls, which are more politely known...more

Morrison & Foerster LLP

MoFo IP Newsletter - April 2016

Morrison & Foerster LLP on

The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher - It used to be that a complaint for patent infringement would survive a motion to...more

Morrison & Foerster LLP

MoFo IP Newsletter - October 2015

Morrison & Foerster LLP on

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more

Perkins Coie

United States: IP and Antitrust

Perkins Coie on

United States antitrust law seeks to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast, are designed to...more

Mintz

Patent Hold-Up or Patent Hold-Out? Judge Essex Adds His Voice to the SEP-FRAND Debate

Mintz on

Administrative Law Judge Essex recently issued the public version of his Initial Determination in ITC investigation No. 337-TA-868, ruling that the respondents are precluded from relying on the defense that the patent holder...more

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