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ARTICLE · 30 AUGUST 2013

President Disapproves ITC Exclusion Order

McDermott Will & Emery
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For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission has been disapproved by the president on policy grounds.

United StatesIntellectual Property
Christopher Paulraj
Christopher Paulraj
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For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission (ITC) has been disapproved by the president on policy grounds. On August 3, 2013, U.S. Trade Representative (USTR) Michael Froman, acting under the authority of President Obama, sent a letter to the ITC noting his disapproval of the ITC's determination to issue an exclusion order in "Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Table Computers, Investigation No. 337-TA-794." The letter explained that the USTR's disapproval was based on various policy considerations and particularly emphasized the harms associated with "patent hold-up" that are caused when exclusionary relief is sought for standards essential patents (SEPs) that are subject to voluntary commitments to be licensed on fair, reasonable and non-discriminatory (FRAND) terms.

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