DOJ Draft SEP Bill: A 'Shot Across the Bow' for Rightsholders

In December 2021, the US Department of Justice (DoJ) released a draft policy statement on licensing negotiations for standard-essential patents (SEPs) in response to President Biden’s executive order to promote competition in the economic marketplace. World Intellectual Property Review contacted Finnegan partner Erik Puknys to discuss the policy.

Erik explained that the bill’s wording will be fairly standard, stating: “It’s a lot of non-controversial statements about how everybody should engage in good faith negotiations. I think you will find people that will nitpick with one example or another but the general policy itself is pretty vanilla.”

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