Overview
Steptoe partner Chris Suarez was quoted in Law360’s article, “What To Expect From USPTO’s Essential Patent Group,” which examines the US Patent and Trademark Office’s (USPTO) creation of a new working group focused on strengthening enforcement and remedies for standard-essential patents (SEP).
Commenting on the initiative, Chris said the working group “reflects this larger trend of trying to enhance opportunities for patent owners to enforce their patents and perhaps create leverage,” pointing to recent USPTO policies that have been viewed as limiting challenges to patent validity.
The article explores ongoing challenges around SEP valuation and licensing. Chris highlighted the potential role of artificial intelligence in addressing those issues, saying he sees “a huge opportunity” for AI tools to analyze SEP portfolios and licensing data. While acknowledging that “these tools are not perfect” and “have their flaws,” he said they could “eliminate massive amounts of manual associate work” and help determine “how much is this portfolio really worth.”
Addressing recent government filings supporting injunctions in SEP cases, Chris said the positions taken were “quite provocative” and signaled to patent owners that “the government thinks there is an opening to pursue injunctions.” He added, “I do think part of this is to maybe encourage the plaintiffs bar to go for injunctions, when that was certainly not something, at least for nonpracticing entities, that would be pursued very often in the past.”
Chris cautioned, however, that progress will require balance, emphasizing, “We need to find practical solutions to reach appropriate valuations for SEPs, because both sides have rights.”
Read more at Law360 (subscription required).
