Standard Essential Patents at the United States International Trade Commission
Jorge L Contreras ed., The Cambridge Handbook of Technical Standardization Law, Vol. 1 – Antitrust and Patents, Cambridge University Press (2017 Forthcoming).
19 Pages Posted: 6 Oct 2016 Last revised: 1 Oct 2020
Date Written: September 23, 2016
The United States International Trade Commission (“ITC”) investigates alleged trade violations of Section 337 of the Tariff Act of 1930, as amended. Section 337 makes it illegal to import products that infringe a patent, so long as there is a domestic industry in products protected by the patent. As a trade statute, section 337 requires that the ITC consider the public interest in enforcing section 337. This chapter explores the role of the ITC when such infringed patents are standard essential patents (SEPs).
Keywords: ITC, SEP, SSO, Patent, Exclusion order, public interest, 337, IPR, FRAND, SDO
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