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 8th December.

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