Technological standards allow manufacturers and consumers to rely upon these agreed-upon basic systems to facilitate sales and further invention. However, where these standards involved patented technology, the process of standard-setting raises many concerns at the intersection of antitrust and patent law. As patent holders advocate for their patents to become part of technological standards, how should courts police this activity to prevent patent holdup and other anti-competitive practices? This Note explores the differing approaches to remedies employed by the United States International Trade Commission and the United States District Courts where standard-essential patents are infringed. This Note further proposes that both adjudicative bodies should utilize the public policy prongs of their respective analyses to deny injunctive relief where an entity has previously pledged to license its standard-essential patent and fails to undergo appropriate negotiations prior to bringing a patent infringement suit.
Helen H. Ji,
District Courts Versus the USITC: Considering Exclusionary Relief for F/RAND-Encumbered Standard-Essential Patents,
Mich. Telecomm. & Tech. L. Rev.
Available at: https://repository.law.umich.edu/mttlr/vol21/iss1/5