News & Analysis as of

Exclusion Orders Standard Essential Patents

ITC Issues First Exclusion Order on SEPs and Upcoming Opinion Expected To Provide Important Guidance on FRAND and SEPs

The decision in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (“1012 Investigation”), is still confidential, but the ITC...more

FTC Commissioners Weigh in on FRAND Debate

by Mintz Levin on

Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation)...more

Writing on Her Own Behalf, Chairwoman Ramirez Takes a Position on FRAND

by Mintz Levin on

Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613,...more

President Disapproves ITC Exclusion Order In -794 Investigation On Public Interest Grounds

by King & Spalding on

On August 3, 2013, the President acting through the U.S. Trade Representative (USTR) disapproved the decision of the U.S. International Trade Commission (ITC or “Commission”) to issue an exclusion order in Certain Electronic...more

ITC Section 337 Update – August 7, 2013

by King & Spalding on

White House Disapproves Commission Determination To Issue Exclusion Order In 794 Investigation – By Letter of August 3, 2013, U.S. Trade Representative Michael Froman, acting on authority from the President, notified...more

U.S. International Trade Commission Addresses Use of Standard-Essential Patents in Section 337 Investigations

by McDermott Will & Emery on

The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing in section 337 of the Tariff Act of 1930 that precludes the Commission from...more

In a Rarely-Seen Joint-Effort in the Competition Arena, the DOJ and the USPTO Unite in Issuing a Policy Statement on Remedies...

On January 8, 2013 – less than a week after the Federal Trade Commission ("FTC") entered into a consent order with Google,[1] under which Google is generally banned from seeking injunctions on its F/RAND[2] -encumbered...more

Justice Department and Patent Office Issue “Policy Statement” Regarding Remedies for Standards-Essential Patents

In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more

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