Do SEP Holders Seeking Injunctions Violate Section 2?

Law360, New York ( March 21, 2013, 12:11 PM EDT) -- A current hot topic among antitrust-intellectual property practitioners and regulators is whether standard essential patent holders who have committed to license their patents on fair, reasonable and nondiscriminatory terms should be permitted to seek injunctive relief against alleged infringers. This situation can be particularly troubling because SEP holders often make the FRAND commitments to standard setting organizations in exchange for having their patented technology included in a standard. The concern is that once the SSO and industry have relied on the SEP holder's FRAND commitment and created the standard, the SEP holder could engage in patent holdup by reneging on its FRAND commitment and extracting non-FRAND royalty rates and licensing terms....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!