SEP injunctions do not breach competition law, clarify US officials

20-12-2019

Saman Javed

SEP injunctions do not breach competition law, clarify US officials

Casimiro PT / Shutterstock.com

US officials have said that standard-essential patent (SEP) owners who seek injunctions to stop the sale of infringing products will no longer be pursued under competition laws.

In a joint statement issued yesterday, December 19, the US Department of Justice, Patent and Trademark Office and National Institute of Standards and Technology said the infringement of SEPs should be treated no differently than a regular patent dispute.

The update diverts from the agencies’ 2013 guidance which said it could be potentially anti-competitive for SEP owners to seek injunctions to blocking the sale of products which depend on their patents.


US Department of Justice, US Patent and Trademark Office, National Institute of Standards and Technology, standard essential patents, injunctions

WIPR