(September 18, 2013) -- Standard essential patents (“SEPs”), and abusive enforcement of them, are once again in the news. In June, Samsung obtained an exclusion order from the International Trade Commission (“ITC”) against Apple after the ITC found that some Apple products infringed on Samsung’s SEPs. This order prohibited the importation of older generations of iPhones and iPads. In August, however, the U.S. Trade Representative (“USTR”) vetoed the ITC order after a mandatory policy evaluation because Samsung had committed to license its SEPs on reasonable and non-discriminatory (“RAND”) terms. In other words, the USTR concluded that Samsung had agreed to accept reasonable royalties for use of the SEPs and, under the circumstances, effectively waived any right to seek exclusion orders or injunctions against willing licensees. Because of this decision, consumers will have continued access to smartphones and tablet computers at a wide range of price and quality levels....