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SEP owners should prove infringers won't agree to FRAND terms before getting an ITC exclusion order, says FTC's Ramirez

( July 10, 2015, 22:31 GMT | Official Statement) -- MLex Summary: US Federal Trade Commission Chairwoman Edith Ramirez wrote to the International Trade Commission regarding its investigation of a patent dispute between InterDigital and Nokia. Ramirez suggests that before the ITC issues an exclusion order it require the owner of a standard essential patent such as InterDigital to prove that the infringing party is unwilling or unable to take a FRAND license. “This standard would ensure that an exclusion order issues only when it would not facilitate patent hold-up and thus only when such an order would be consistent with the public interest,” said Ramirez. See document below. ...

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