Thursday, July 12, 2012

Senator Leahy Questions Whether Injunctions Should Be Granted on Standard Essential Patents

Yesterday, I posted a brief article here that notes the FRAND issue has become pivotal in Apple v. Motorola Mobility.

Now as the ITC considers whether to ban importation of the Xbox and iPhone based on Google's Motorola Mobility's standard essential patents, Senator Leahy is questioning whether patent owners should be able to obtain injunctions for infringement of a standard essential patents. Senator Leahy notes the iPhone and XBox and called the FTC and Department of Justice to a hearing to "explore the competitive impact of ITC exclusion orders and whether more needs to be done to ensure consumers are not the victims of the tech patent wars." Since the ITC only affords an injunction, eliminating injunctions would remove standard essential patent disputes out of the ITC or require another remedy.   

See Ars Technica: As ITC mulls Xbox, iPhone import bans, Senators target patent system.

Copyright © 2012 Robert Moll. All rights reserved.