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 that the Department of Justice’s (DOJ’s) Antitrust Division will withdraw its assent to the 2013 joint “Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments.” The announcement reveals concerns from the Antitrust Division about current considerations regarding requests for injunctive relief for standard essential patents subject to fair, reasonable, and non-discriminatory (F/RAND) licensing commitments. Derahim, addressing the 19th Annual Berkeley-Stanford Advanced Patent Law Institute on December 7, said a more balanced discussion is necessary and appropriate when considering the interests at stake when a standard-essential patent holder seeks an injunctive order.