Washington, DC principal Nick Matich was quoted by WIPR regarding the Biden administration’s decision to withdraw remedies provided by previous administrations for SEPs subject to FRAND. He said, “The goal of the 2019 statement was to counteract the misimpression created by the 2013 statement that SEP owners give up some remedies entirely when they make a FRAND commitment. That misimpression isn't the law. A FRAND commitment is a fact relevant to deciding the appropriateness of injunctions, but doesn't create any per se rules. The Draft 2021 statement would have furthered the misimpression the 2019 statement tried to correct and SEP owners should applaud the agencies' decision to abandon it.” Read the article here.
