http://www.ipwatchdog.com/2012/12/05/ftc-says-injunctions-related-to-standard-essential-patents-can-harm-competition-innovation/id=30999/ Patents, Software Patents, Patent Applications & Patent Law Mon, 20 May 2013 16:01:51 +0000 hourly 1 http://wordpress.org/?v=3.5.1 http://www.ipwatchdog.com/2012/12/05/ftc-says-injunctions-related-to-standard-essential-patents-can-harm-competition-innovation/id=30999/#comment-293911 Paul F. Morgan Thu, 06 Dec 2012 14:40:06 +0000 http://www.ipwatchdog.com/?p=30999#comment-293911 Enjoining a product for infringement of a patent for which the infringer has a right [an option?] to obtain a license on “fair and reasonable terms” does not make sense unless there is a material breach of the license. [One might even argue that that this is not even a fully effected license or option contract since it fails to actually define the most essential element, the cost.] But the infringer will argue against breach by arguing that the patent owner refused to license for an amount that was “fair and reasonable. Also, to argue that adequate money damages for non-payment all the patent owner is ever entitled to in this situation.
So my question is this: could the D.C. issue an injunction compelling the patent owner to negotiate in good fath or be subject to independed compusory arbitration or special master determination of the disputed “reasonable” amount?

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