December 13, 2021

On December 6, 2021, the U.S. Patent & Trademark Office (USPTO), the National Institute of Standards and Technology (NIST), and the U.S. Department of Justice, Antitrust Division (DOJ) published their joint revised draft policy statement on remedies for infringement of SEPs that are subject to F/RAND licensing obligations. The draft purports to include guidance on what demonstrates “good faith negotiation” in this context.  The agencies are requesting input from interested persons/parties on a number of issues (presented in the form of questions) by February 4, 2022.  The draft statement, specific questions raised, and related information can be accessed via this link:
Public Comments — Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents (justice.gov)