US Patent Office along with Department of Justice Release Statement Concerning Injunctions of a Product.
Even though patent wars seem to have quieted of late, a few months again you couldn’t escape the news of one company suing additional for infringement. Cries which the American patent system was a broken one got their start in all sides, but now the those who run the system have got released their own comment on the subject. The Department of Rights and US Patent Place of work released a joint statement today on product bans on account of patent claims and it was surprisingly light.
The statement doesn’t move too harshly on anyone or name any names. It does however offer the message that getting an injunction against something and taking it over shelves isn’t always the most effective idea. “The DOJ and USPTO are concerned about the potential influence of exclusion orders on the ‘competitive conditions in the united states. ’” The statement causes it to become clear that exclusion purchases (bans) on products are necessary sometimes, but also that “depending on the facts of individual conditions, the public interest may possibly preclude the issuance associated with an exclusion order. “
The statement lays out a number of clear situations in which often an exclusion order is the best choice of activity, but they also depart enough wiggle room from the term “public interest” for courts to give the power to make some decisions. To keep them reigned in though, nearby the end of the statement they say “these public interest factors will not be meant to be presented mere lip service, ” but rather “public health and welfare and the warranty of competitive conditions in the united states economy must be the particular overriding considerations. ” Fundamentally, judges can’t use the particular “public interest” bit to deny a ban when there aren’t serious the reason why they shouldn’t.
This seems to be a step in the correct direction, and a step from a lot of people pretty high up from the government. Do you think this will help with the patent wars which can be still raging around the nation?
The statement doesn’t move too harshly on anyone or name any names. It does however offer the message that getting an injunction against something and taking it over shelves isn’t always the most effective idea. “The DOJ and USPTO are concerned about the potential influence of exclusion orders on the ‘competitive conditions in the united states. ’” The statement causes it to become clear that exclusion purchases (bans) on products are necessary sometimes, but also that “depending on the facts of individual conditions, the public interest may possibly preclude the issuance associated with an exclusion order. “
The statement lays out a number of clear situations in which often an exclusion order is the best choice of activity, but they also depart enough wiggle room from the term “public interest” for courts to give the power to make some decisions. To keep them reigned in though, nearby the end of the statement they say “these public interest factors will not be meant to be presented mere lip service, ” but rather “public health and welfare and the warranty of competitive conditions in the united states economy must be the particular overriding considerations. ” Fundamentally, judges can’t use the particular “public interest” bit to deny a ban when there aren’t serious the reason why they shouldn’t.
This seems to be a step in the correct direction, and a step from a lot of people pretty high up from the government. Do you think this will help with the patent wars which can be still raging around the nation?
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