Published: November 8, 2017
Publisher: IAM
“You just don’t get injunctions in cases relating to standard essential patents in the US, do you? Absolutely not, in almost all circumstances. However, during a presentation at last week’s IPBC Asia in Tokyo, Vinson & Elkins partner John Fuisz drew delegates’ attention to a recent initial determination in an ITC case that might lead to that changing. In the Matter of Certain Magnetic Data Storage Tapes and Cartridges Containing Same – involving Japanese companies Sony and Fujifilm – has opened the door to the possibility, in some circumstances, of SEP owners being able to use the commission as a forum through which to obtain injunctive relief. A decision on whether to review the initial determination will be made on December 8.”