Free Market Evaluation - Send us your resume and we will give you free feedback
Sony Faces Constitutional Challenges after Hacking Incident
Sony Faces Constitutional Challenges after Hacking Incident
Uber Allowed to Operate in France Though Bans Continue Worldwide
Uber Allowed to Operate in France Though Bans Continue Worldwide
Legal Fee Bill of $2.7 Billion to be Paid by Citigroup
Legal Fee Bill of $2.7 Billion to be Paid by Citigroup
Uber Driver Arrested in India for Alleged Sexual Assault of Passenger
Uber Driver Arrested in India for Alleged Sexual Assault of Passenger
Legal Job Listings

US Justice Department Says Sales Bans for Infringing Key Patents Should be Last Resort

A joint policy statement issued by the Department of Justice and the US Patent and Trademark Office was made on Tuesday clarifying that both organizations were against granting sales bans at the drop of a hat for infringing key or essential patents.

Key patents that ensure the interoperability of electronic devices across makes, models, and platforms, and those usually referred to as “standard essential patents” should be treated differently than patents whose use were more specific. Sales bans for infringing standard patents should be a rare and last option, and should not be granted as a routine practice.

The Federal Trade Commission had recently argued that infringement of “standard essential patents” should attract monetary damages, but not bans, unless the circumstances of a specific case showed a ban unavoidable.

Of recent, allegations over infringing each other’s “standard essential patents” along with other patents have precipitated the global smartphone wars, where almost all technology companies who have stakes in smartphones are battling each other in courts across the globe. Ultimately, the costs of such legal battles are passed on to the consumer.

Get JD Journal in Your Mail
Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The joint statement made on Tuesday called upon the U.S. International Trade Commission to consider public interest above other business interests when deciding to put a ban on sales of imported goods for infringing essential patents.

The statement observed, “The USITC, may conclude, after applying its public interest factors, that exclusion orders (sales injunctions) are inappropriate.” However, the opinion is not binding upon judges or panel members of the USITC, who are free to make their own objective judgments of cases before them.

Currently, the USITC is considering allegations made by Samsung that Apple had infringed several of its patents, including some essential patents.

US Justice Department Says Sales Bans for Infringing Key Patents Should be Last Resort by

Tagged: , , , , ,

Posted by on January 9, 2013. Filed under Business News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

 

 

Job of the Day
Legal Assistant / Secretary - Bilingual
USA-GA-Gainesville

~~Rapidly expanding General Law Firm seeking a Legal Assistant/Secretary to join our team at our Gainesville, Georgia location !  Our firm is a goal/target oriented, fast-paced environment with a...

Related Posts: