Regulatory policy

Agencies withdraw patent injunction policy without replacement

By Bryan Koenig (June 8, 2022, 9:36 p.m. EDT) — The Biden administration on Wednesday elected to abandon a Trump-era policy that generally promoted the right of holders of standards-essential patents to pursue injunctions blocking the use of their technology if the patents are infringed, while abandoning a proposed alternative that would have essentially discouraged such injunctions.

After reviewing a draft policy submitted in December, the U.S. Department of Justice, the U.S. Patent and Trademark Office, and the National Institute of Standards and Technology concluded that it was best to have no policy statement. at all rather than rewrite or leave intact a 2019 position that injunctions should be available for…

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