On January 8, the U.S. Department of Justice, Antitrust Division (“DOJ”) and the U.S. Patent & Trademark Office (“PTO”) (collectively, “the Agencies”) issued a joint policy statement regarding remedies for Standards-Essential Patents (“SEPs”) subject to voluntary fair, reasonable and non-discriminatory (“FRAND”) commitments. This joint statement came just days after the FTC’s statement in Google, which similarly addressed SEPs subject to FRAND terms. While both statements address SEPs, they vary in their recommendations as to just what extent exclusionary orders should be limited.
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