Signs of Convergence between the US and Europe on Law and Policy relating to Standard Essential Patents?

by Vincent Angwenyi

11 December 2017

This paper looks at the balance of interests between patent holders and implementors in recent communications in the US and Europe. The Assistant Attorney General (AAG) for the Antitrust Division of the Department of Justice (DOJ) in a speech given on the 10th of November expressed an opinion which is indicative of a shift in the DOJ policy on various issues revolving around Standard Essential Patents (SEPs) that have been committed to licensing on Fair Reasonable and Non-Discriminatory (FRAND) terms. The AAGs speech was delivered not long before the much-anticipated European Commission Communication on the EU approach to SEPs (Brussels, 29.11.2017).