- #FINAL DRAFT 9 PC UPDATE#
- #FINAL DRAFT 9 PC CODE#
Provide information as to “how the SEPs, to the extent practicable, a representative set of the SEPs being infringed” and In order to advance F/RAND negotiations, the Agencies laid out a proposed model roadmap for SEP licensing discussions.Īlert the potential licensee of specific SEPs believed to be infringed Thus, the 2021 draft policy is a reversal from the previous administration and undermines the thrust of the 2019 policy and appears to land this rebalancing back in large implementers’ favor. Since there is little empirical evidence of hold up having occurred in any manner that would require “rebalancing” this is an apparent first step toward a policy change considered political to some observers and specifically directed to appease key Silicon Valley corporations who seek to avoid or least delay paying for SEP licenses. The apparent goal of the new policy is to pull back on the present perceived pro-patent owner thrust of the 2019 Joint Statement under the guise of rebalancing the F/RAND-rate negotiations, and the draft policy had the purported intent to create a more efficient licensing market that avoids hold up and hold out. The latest iteration outlines steps that SEP-holders and potential licensees should take in negotiations, and again calls into question the viability of injunctive relief for SEP-holders by providing vague and ambiguous circumstances in which injunctive relief may be available to SEP holders. The draft joint policy is the third in a trilogy concerning Agency guidance regarding SEP negotiations, and the potential for parties on both sides to abuse their dominant positions. The Agencies have requested comment on eleven questions until the comment period closes January 5, 2022. Department of Justice, Antitrust Division (DOJ)(collectively, “the Agencies”). Patent & Trademark Office (USPTO), the National Institute of Standards and Technology (NIST), and the U.S. The DOJ is requesting public comment on a new draft policy concerning licensing negotiations and remedies for standards-essential patents (SEPs) subject to voluntary F/RAND commitments recently jointly issued by the U.S.
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Forced Labor Update - Possible Complete XUAR Import Ban. EO on Catalyzing Clean Energy Industries and Jobs Through Federal. Policyholder Prevails (Again) in Delaware D&O Retention Dispute. #FINAL DRAFT 9 PC CODE#
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New Zero-Day Vulnerability for Log4j is the Next Cybersecurity. Public Services, Infrastructure, Transportation.
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