Standards allow consumers to enjoy products that work together. But sometimes, owners of patents needed to use the standards (standard essential patents or SEPs) have the power to “hold up” an industry by demanding excessive royalties or blocking products from the market.
In his time as head of the Department of Justice Antitrust Division, Makan Delrahim has staked out an aggressive position abandoning the previous bipartisan consensus on standards and patent holdup. Delrahim has given speeches and authorized amicus briefs promoting his position. And in December 2018, he unceremoniously withdrew from the 2013 joint statement with the PTO on SEPs. ...
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