Standard-Essential Patent Holders: Availability of Injunctive or Exclusionary Relief

Rosada B. Vega (Editor)
Martin Guzman (Editor)

Series: Laws and Legislation
BISAC: LAW000000

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$69.00

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This book provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The book first summarizes several fundamental principles of patent law, then discusses the relationship between standard-setting organizations and FRAND licensing. It continues with an explanation of the role and duties of the International Trade Commission (ITC) and how there are different legal standards that apply to the award of injunctive relief in federal courts and in the ITC. Also discussed are the recent developments relating to standard-essential patents and FRAND licensing that have occurred in federal agencies responsible for antitrust enforcement, ITC cases, and congressional hearings. (Imprint: Novinka )

Preface

Availability of Injunctive Relief for Standard-Essential Patent Holders
(Brian T. Yeh, CRS)

Statement of Senator Patrick Leahy, Chairman, U.S. Senate Committee on the Judiciary. Hearing on "Oversight of the Impact on Competition of Exclusion Orders to Enforce Standard-Essential Patents"

Statement of Senator Dick Durbin. Hearing on "Oversight of the Impact on Competition of Exclusion Orders to Enforce Standard-Essential Patents"

Statement of Joseph F. Wayland, Acting Assistant Attorney General, Antitrust Division, U.S. Department of Justice. Hearing on "Oversight of the Impact on Competition of Exclusion Orders to Enforce Standard-Essential Patents"

Statement of Edith Ramirez, Commissioner, Federal Trade Commission. Hearing on "Oversight of the Impact on Competition of Exclusion Orders to Enforce Standard-Essential Patents"

Intellectual Property Rights Protection and Enforcement: Section 337 of the Tariff Act of 1930
(Shayerah Ilias, CRS)

Facts and Trends Regarding USITC Section 337 Investigations
(U.S. International Trade Commission)

Index

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