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Availability of Injunctive Relief for Standard- Essential Patent Holders


This report provides on overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The report first summarizes several fundamental principles of patent law, then discusses the relationship between standard-setting organizations and FRAND licensing. It continues with an explanation of the role and duties of the International Trade Commission (ITC) and how there are different legal standards that apply to the award of injunctive relief in federal courts and in the ITC. Finally, the report closes with an overview of recent developments relating to standard-essential patents and FRAND licensing that have occurred in federal agencies responsible for antitrust enforcement, ITC cases, and congressional hearings.


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# File Name Document Date Order ID: Number of Pages Price
1 R42705.pdf Sep 07, 2012 R42705 22 $29.95 Add to Cart

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Availability of Injunctive Relief for Standard- Essential Patent Holders  [Order No: R42705  Release Date: Sep 07,2012  Pages: 22]