Deep Dive Episode 89 – The New DOJ-USPTO-NIST Policy Statement on Remedies for Infringement of Standard-Essential Patents

In December 2019, the Department of Justice, the U.S. Patent & Trademark Office, and the National Institute of Standards issued a joint policy statement on the legal remedies that should be available for infringement of a valid patent on standardized technologies, known in patent law as standard-essential patents (SEP). The 2019 DOJ-USPTO-NIST policy statement replaces a 2013 policy statement on SEP remedies by the DOJ and USPTO that had been construed by some government officials and courts as asserting that a patent owner seeking or receiving an injunction for infringement of its SEP could violate the antitrust laws. The 2019 policy statement reaffirms that there are no special rules for owners of SEPs in receiving injunctions for ongoing infringement of their valid patents, and that when licensing negotiations fail, the full range of legal remedies for all patent owners should be available for owners of SEPs.

The 2019 policy statement is a significant development in the ongoing policy and legal disputes over the scope of patent rights on standardized technologies used throughout the world in smartphones, computers, and even coffee machines and automobiles. This live podcast will discuss what the 2019 policy statement means for innovators of groundbreaking, foundational technologies, for implementers of these technologies in products, and for consumers.

David Jones

Executive Director

High Tech Inventors Alliance

Kristen Osenga

Austin E. Owen Research Scholar & Professor of Law

University of Richmond School of Law

Brad Watts

Majority Chief Counsel and Staff Director

United States Senate Committee on the Judiciary, Subcommittee on Intellectual Property

Adam Mossoff

Professor of Law

Antonin Scalia Law School, George Mason University

Intellectual Property

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at [email protected].

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