In part, Senator Cotton wrote:
“Without U.S. intervention, the Chinese government will gain control of the worldwide licensing of wireless communications and other standardized technologies. Chinese control would undermine U.S. national security and threaten America's ability to continue leading the development of the next generation of wireless and video technology.”
Full text of the letter may be found here and below.
February 1, 2023
The Honorable Antony Blinken
Secretary of State
U.S. Department of State
2201 C Street, NW
Washington, DC 20500
The Honorable Gina Raimondo
Secretary of Commerce
U.S. Department of Commerce
1401 Constitution Avenue, NW
Washington D.C. 20230
Dear Secretary Blinken and Secretary Raimondo:
I write regarding China’s attempts to weaponize its court system to steal American companies’ critical wireless communications technologies.
For over a decade, Chinese courts have illegally asserted jurisdiction over worldwide license terms for American companies’ patent portfolios. Through their courts, the Chinese government consistently undervalues the patent portfolios of non-Chinese companies, forces the transfers of American standard essential patents (SEPs) for significantly less than fair market terms, and even issues orders preventing American patent holders from enforcing the lawful judgments of the United States courts.
I urge you to employ the full range of legal and administrative tools to counter China’s efforts to undermine pricing and standards for these technologies. In particular, I urge you to expand the Entity List to include Chinese companies that file global “fair, reasonable, and non-discriminatory” (FRAND) rate setting cases in Chinese courts for the licensing of non-Chinese SEPs without the consent of the patent holder.
Without U.S. intervention, the Chinese government will gain control of the worldwide licensing of wireless communications and other standardized technologies. Chinese control would undermine U.S. national security and threaten America’s ability to continue leading the development of the next generation of wireless and video technology.
Thank you for your attention to this important matter.