Introduction
On December 19, 2019, the US Department of Justice (DOJ), the US
Patent & Trademark Office (PTO), and the National Institute of
Standards and Technology (NIST) issued a joint policy statement
(the 2019 Policy Statement) regarding the availability of remedies
for infringement of standard-essential patents (SEPs) that are
subject to fair, reasonable, and non-discriminatory (FRAND)
licensing commitments.1 The 2019 Policy Statement,
which replaces a 2013 policy statement by the DOJ and PTO (the 2013
Policy Statement),2 is intended to ensure that
"appropriate remedies [ ] be available to preserve
competition, and incentives for innovation and for continued
participation in voluntary, consensus-based, standards-setting
activities."3 The key change between the 2019
and 2013 Policy Statements relates to the availability of
injunctions or other exclusionary relief for infringement. Rather
than deny such relief to SEP holders, the 2019 Policy Statement
offers the
