November 14-15, 2022
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Event Session

The Politics, Policy and Legislation of Standard Essential Patents

November 15, 2022 @ 11:45 AM EST

11:45 AM ET
November 15, 2022

The Politics, Policy and Legislation of Standard Essential Patents

View Session Speakers

The U.S. Department of Justice (DOJ), the U.S. Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology (NIST) announced in June 2022 that they were officially withdrawing the 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. However, the withdrawal does not reinstate the 2013 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments, which had been harshly criticized by many in the IP community. As a result, the Biden Administration seems to be taking a position of neutrality, at least for now. How the Administration will treat patent owners, many who do not have a real prospect for a negotiated resolution due to recalcitrant implementers, will be the real test.

Meanwhile, the European Commission is undertaking both its own antitrust guideline review as well as review of SEP regulations.

This panel will discuss what the Federal Trade Commission (FTC) and Department of Justice (DOJ) are doing (or not doing) relative to essential patents, the future of novel/creative antitrust theories such as the “duty to deal and “essential facilities doctrine”, whether another agency or Congress will step into any vacuum, and what implications and impact the ongoing review of the European Commission will have on standard essential patents globally, and in the United States specifically.

Materials

DOJ, USPTO and NIST Withdraw SEP Policy Statements

The Biden Administration’s Neutrality Position on SEP Remedies is a Good Move

 

* A Note on Materials: We apply for MCLE in Virginia, as well as other jurisdictions (see the MCLE tab in the navigation bar above). MCLE regulations require substantive writing on the topic covered during the presentation. The materials provided, often published by IPWatchdog.com authors and contributors, relate to the topic but are not intended to pigeon-hole guest speakers in any way. They are intended to be informative and elucidate the issues that will be discussed, although not necessarily represent the point of view that will be taken by any particular panelist. To date the articles we have selected have always been sufficient to satisfy MCLE authorities.



Add to Calendar 02/02/2023 2:48 AM America/New_York The Politics, Policy and Legislation of Standard Essential Patents

The U.S. Department of Justice (DOJ), the U.S. Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology (NIST) announced in June 2022 that they were officially withdrawing the 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. However, the withdrawal does not reinstate the 2013 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary…

Session Speakers

Gene Quinn, IPWatchdog

Gene Quinn

President & CEO

IPWatchdog, Inc.

Ashley Baker

Ashley Baker

Director of Public Policy

The Committee for Justice

John Dubiansky

John Dubiansky

Senior Director, Intellectual Property and Standards Policy

Dolby Laboratories

Chris Israel

Senior Partner

ACG Advocacy

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