Justice Department and USPTO weigh in on using SEP patents to win sales bans
Last month, the FTC said that Motorola Mobility was not entitled to ask for a sales ban against the Apple iPhone and the Apple iPad for infringing on a SEP patent dealing with wireless technology. The other day, the FTC found that Samsung was using its standards-essential patents to threaten its rivals with sales bans, exactly what both the Justice Department and USPTO are trying to avoid. Standards-essential patents are supposed to be licensed using Fair, reasonable and non-discriminatory negotiations, better known by the acronym FRAND.
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