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US: Delrahim speaks out against compulsory FRAND licensing

 |  December 10, 2018

The head of the US Department of Justice’s (DOJ) Antitrust Division has revealed concerns about the fair, reasonable, and non-discriminatory (FRAND) licensing landscape in the US.

Assistant Attorney General Makan Delrahim made his remarks in a speech about the “common ground between antitrust and patent law” at the 19th Annual Berkeley-Stanford Advanced Patent Law Institute in Palo Alto, California, on Friday, December 7.

In his speech, Delrahim emphasized the “careful balance” between optimising the incentive to innovate and benefiting the public.

He said that a joint statement issued by the DOJ and the US Patent and Trademark Office (USPTO) in 2013, “Policy Statement on Remedies for Standards-Essential Patents (SEPs) Subject to Voluntary F/RAND Commitments,” has created confusion around the relationship between this balance and the role of antitrust law.

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