HTIA submitted comments on the draft policy statement on remedies for infringement of standards-essential patents (SEPs) that was jointly issued by the U.S. Department of Justice, the U.S. Patent and Trademark Office, and the National Institute of Standards and Technology. The statement notes that injunctive relief may be available to a SEP owner only after the parties have had a full and fair opportunity to resolve reasonable disputes about the patent’s validity and infringement and the value of its contribution to the standard. HTIA agrees these ground rules are critical to ensuring that industry technical standards can operate as intended to the benefit of consumers. HTIA also notes the government’s recognition that injunctions can cause anticompetitive harm should also inform other aspects of United States policy, including the Administration’s approach to the International Trade Commission exclusion orders and international trade agreements.
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