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USITC staff against ‘bright line’ barring SEP exclusion orders

By Nick Robertson ( March 25, 2025, 16:29 GMT | Insight) -- The USITC’s Office of Unfair Import Investigations told the commission that standard essential patents (SEPs) should not be exempt from exclusion orders in a “bright line” rule, as recommended by major tech companies. The position more closely aligns with that of Nokia in the commission’s review of a dispute between the Finnish firm and Amazon over an alleged violation of Section 337 of the Tariff Act.Career staff at the US International Trade Commission came out against Amazon’s position in response to questions from the commission regarding a dispute with Nokia, with the Office of Unfair Import Investigations arguing in a report made public yesterday that standard essential patents (SEPs) should not be exempt from exclusion order remedies in any “bright line” rule, but rather should be determined on a case-by-case basis....

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