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DOJ Policy Shift Defends Patent Holders’ Rights, Delrahim Says

April 9, 2019, 10:45 AM

The Justice Department’s recent change in its standard-essential patent policy helps to defend inventors’ exclusive rights to their patents, its chief antitrust enforcer said.

“It’s a matter of statutory rights of intellectual property,” Makan Delrahim, assistant attorney general for the Justice Department’s antitrust division, told Bloomberg Law during an April 4 interview. “Part of the definition is that it’s exclusive rights, the ability to exclude goes with it.”

Delrahim announced in December the DOJ would no longer back a 2013 joint policy with the Patent and Trademark Office. The policy said patent owners shouldn’t use court injunctions to block others ...

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