Brussels, 8 February 2022 – pursuant to the International Trade Commission’s Federal Register Notice of January 24, 2022, inviting interested parties and members of the public to file comments on the above-mentioned matter, the Fair Standards Alliance submitted the following observations on 1 February 2022 in relation to investigation No. 337-TA-3595.
In our experience, the public interest is generally inconsistent with the issuance of exclusion orders for patents for which a voluntary commitment has been provided to license on Fair, Reasonable and Non-Discriminatory (“FRAND”) terms. Such orders harm the competitive conditions in the United States, directly impact American consumers, and should only be issued under highly exceptional circumstances.