By Letter of August 3, 2013, U.S. Trade Representative Michael Froman, acting on authority from the President, notified the Commission of the President’s decision to disapprove the Commission’s June 4, 2013 determination to issue exclusion and cease and desist orders on a FRAND patent in ITC Investigation No. 337-TA-794.  This is the first time since 1987 that the President has disapproved a Commission exclusionary remedy.  Under 19 U.S.C. §1337(j), the President is required to engage in a policy evaluation of the Commission’s determinations to issue exclusion and cease and desist orders within a 60-day review period.  If the President disapproves such determination then “effective on the date of such notice, such determination. . . shall have no force or effect.”  The President’s decision cites to the January 8, 2013 Policy Statement issued by Department of Justice and U.S. Patent and Trademark Office which “explains that, to mitigate against patent hold-up, exclusionary relief from the Commission based on FRAND-encumbered SEPs should be available based only on the relevant factors described in the Policy Statement,” such as, for example, “if a putative licensee refuses to pay what has been determined to be a FRAND royalty, or refuses to engage in a negotiation to determine F/RAND terms.”  Click Here for an analysis of the “Latest Developments On Injunctive Relief For Infringement Of FRAND-Encumbered SEPs”, including a summary of the current case law in ITC, FTC and U.S. District Courts.