Emerging Issues: Latest Trends and Insights in the Antitrust Rules for Standard Essential Patents

Emerging Issues: Latest Trends and Insights in the Antitrust Rules for Standard Essential Patents

Speaking Engagement

In a two-hour live webcast, a notable panel of leaders and professionals assembled by The Knowledge Group will review Antitrust Rules Regarding Standard Essential Patents (SEP) and discuss the implications of the latest changes in the rules.

In February 2015, the US Department of Justice (DOJ) effectively approved a proposal by the Institute of Electrical and Electronic Engineers (IEEE) to update their Standard Essential Patent Policy (SEP). The updates would clarify the rules and practices governing patents declared essential to standards and subject to commitments to license on ‘reasonable and non-discriminatory’ (RAND) terms. They focus on ensuring that a RAND royalty will be available on reasonable terms; that all implementers are able to license SEPs on RAND terms; forbid SEP holders from seeking injunctions or other exclusionary relief unless RAND royalties are unavailable; and forbid the use of SEPs to extract licenses for those with different standards.

The DOJ’s review letter is an important addition to the guidance that the DOJ and the FTC have provided regarding enforcement policies. The changes will help to reduce the risk of regulation by the DOJ and will provide courts with guidance in resolving cases involving standard-setting activity and SEPs.

Speakers include WilmerHale Special Counsel Timothy D. Syrett and Steptoe & Johnson Partner Chong S. Park.

Please contact Mandy Murphy to register.

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