DOJ, USPTO, and NIST Withdraw 2019 Policy Statement on SEPs Subject to F/RAND Commitments
Wednesday the U.S. Department of Justice, USPTO and the National Institute of Standards and Technology (NIST) announced the withdrawal of the 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. President BIDEN’s 2021 Executive Order on Promoting Competition in the American Economy asked the agencies to review the 2019 statement; yesterday’s announcement notes that after considering public feedback, they “have concluded that withdrawal best serves the interests of innovation and competition.”
The agencies’ statement notes that the withdrawal does not “reinstate the January 8, 2013, Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments issued by the DOJ and the USPTO.” Instead, “DOJ will review conduct by SEP holders or standards implementers on a case-by-case basis to determine if either party is engaging in practices that result in the anticompetitive use of market power or other abusive processes that harm competition.”
USPTO Director KATHI VIDAL encouraged “greater U.S. engagement in global standards-setting organizations from our large multinational companies, as well as from small- to medium-sized businesses and start-ups.” NIST Director LAURIE E. LOCASCIO agreed, noting that an “industry-led, voluntary, consensus-based approach to standards development . . . consistently delivers the best technical solutions.”
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Hirshfeld to Depart USPTO on June 21
This week Acting Deputy Director of the USPTO DREW HIRSHFELD announced that his last day at the Office will be June 21. Hirshfeld, who has been with the USPTO for almost three decades, was most recently the agency’s Interim Director, “performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO),” when the position was vacant prior to the appointment of Director KATHI VIDAL. Before serving in that role, he was Commissioner for Patents. IPO Executive Director JESSICA LANDACRE said “Drew is a longtime friend of IPO, and we wish him all the best in his next endeavor.”
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Today on IPO’s IP Chat Channel — IP Developments in Russia: What You Need to Know
Tune in to the IP Chat Channel today at noon ET for IP Developments in Russia: What You Need to Know. IPO has been closely monitoring IP issues related to the evolving situation in Russia. During this webinar, panelists MARK MATHISON and JASON VOGEL from Kilpatrick Townsend & Stockton LLP will provide updates related to protection and enforcement of IP in Russia and developments in Russian laws and in Russian courts impacting IP owners. IP Chat Channel webinars are free for IPO members. Advance registration is required. CLE credit is granted in many states.
IPO Thanks Sponsors of the European Practice Committee Conference
Thank you to the following members for sponsoring IPO’s European Practice Committee conference entitled “United We Stand – Implausible We Fall (?).” The conference will be held tomorrow, June 10, in Munich, Germany. For more information or to register, visit www.ipo.org/europe22.
The conference is sponsored by:
· Bardehle Pagenberg Partnerschaft mbB
· Michalski, Hüttermann & Partner
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