Biden’s Rollback of Standard-Patent Policy Places Onus on Courts

The Biden administration’s abandonment of suggested remedies in disputes over patents essential to industry standards marks a retreat from executive branch attempts to influence licensing fights.

The US has wavered over the past decade about whether, and under what circumstances, owners of patents that are essential for technologies like 4G, 5G, and Wi-Fi could seek injunctions to block other companies’ products that used the patented technologies, including mobile phones, tablets, and even automobiles.

Practitioners expected the administration to scrap Trump-era guidance and replace it with its own, but the administration indicated it’s not planning to issue new guidance. For now, ...