The undersigned Alliance of U.S. Startups and Inventors for Jobs (“USIJ”) writes in support of the decision by Assistant Attorney General for the Antitrust Division Makan Delrahim to withdraw the 2013 joint DOJ-USPTO “Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments” (the “2013 Joint Policy Statement”).   This decision by Assistant Attorney General Delrahim corrects a misguided and biased policy statement made by the previous Administration that was designed to benefit a handful of large, incumbent technology companies at the expense of smaller companies who are often more innovative and nimble in the marketplace. 

Assistant Attorney General Delrahim and Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent  and Trademark Office Andrei Iancu have repeatedly noted that the U.S. patent system has been one of the crown jewels of our country’s economic policy for more than 200 years and has fostered a level of creativity and productivity that has made American technological prowess and our economy the envy of the rest of the world.  We agree strongly with them and believe it is essential that all branches of our government examine critically a large portion of patent related policies and decisions adopted by the prior Administration and the U.S. Supreme Court over the last decade.  Withdrawal of the 2013 Policy Statement is an important step in the right direction.