USPTO’s efforts supporting injunctive relief for SEP owners to be continued

USPTO’s efforts supporting injunctive relief for SEP owners to be continued

The USPTO noted that the SEP Working Group will continue the agency’s efforts to support SEP injunctions through the filing of court statements like the statement of interest filed in Radian Memory Systems v. Samsung Electronics in June 2025

The U.S. Patent and Trademark Office (USPTO) announced that it has established a Standard-Essential Patent (SEP) Working Group to develop and deliver meaningful policy solutions on SEP-related issues. The working group will report to USPTO Director John Squires, and will advance the Office’s engagement with patent remedies and enforcement in keeping with the ‘for innovation’ stance the agency has taken on SEP cases before the U.S. International Trade Commission (USITC) and in the U.S. district court.

The USPTO press release reportedly noted that the SEP ecosystem has become increasingly unfriendly to patent owners in recent years. Anti-suit injunctions and interim licences that have led to positive outcomes for standard implementers are being awarded by courts across the globe, many a time justifying the decisions based on the SEP owner’s fair, reasonable and non-discriminatory (FRAND) licensing obligations created but not enforced by standard developing organizations (SDOs).

By contrast, the USPTO’s SEP Working Group will explore policy pathways to enhance meaningful enforcement of patent protections for SEP owners from Fortune 500 companies to garage inventors. This group will continue the agency’s efforts to support SEP injunctions via filing of court statements like the statement of interest filed in Radian Memory Systems v. Samsung Electronics in June 2025, according to the USPTO. That case involved SEPs claiming management of flash solid-state devices and the USPTO urged that the Eastern District of Texas make available injunctive relief on Radian’s motion for preliminary injunction. The USPTO reportedly acknowledged that “irreparable harm is common in patent infringement cases because patents are hard to value and damages are difficult to calculate” and told the district court that a reasonable royalty is insufficient even when the SEP owner does not practise the patented technology.

As per the USPTO, the recently established SEP Working Group will focus on: exploring avenues for restoring robust patent remedies and clarifying that valid patent rights deserve predictable enforcement; facilitating meaningful participation in standards development and exploring mechanisms to help broader participation in SDOs, especially by SMEs; and creating channels for dialogue across SDO stakeholder groups and developing resources to increase transparency in SEP licensing negotiations.