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In Law360, Steve Pepe and Kevin Post Discuss Revised IEEE Patent Policy

Practices: Intellectual Property, ITC Proceedings / Section 337, Patent Litigation, Litigation, FinTech, Domestic and International IP Licensing and Technology Transactions, Standard Essential Patents, Hardware & Consumer Technology

In a Law360 article, IP litigation partners Steve Pepe and Kevin Post discussed the implications of a revised patent policy by the Institute of Electrical and Electronics Engineers that removes provisions adopted in 2015 that discouraged owners of patents essential to its standards, such as Wi-Fi, from seeking injunctions.

Kevin notes the new IEEE policy gives more leeway to patent owners, but it is not blessing injunctions, so there will continue to be a tug-of-war over injunctive relief.

Steve said there is a constant struggle to find the right balance between protecting patent owners and protecting implementers, and the revised IEEE policy is just the next chapter in that process.

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