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New Injunction Policy Boosts Power Of Essential Patents

Mintz Member and Chair of the firm’s Intellectual Property Division Michael T. Renaud was quoted in a recent Law360 article that examined a December 2019 joint policy statement from the U.S. Patent and Trademark Office and U.S. Department of Justice’s antitrust division stating that standard-essential patents should be treated no differently than other patents, and that companies that own them should be able to obtain injunctions.

"To those equivocating about whether they should assert their standard-essential patents in the United States because of concerns about the 2013 joint statement, this should greatly reduce their reluctance to do so, whether in the district court or the ITC," Mr. Renaud said.