Why Patent Holdout is Not Just a Fancy Name for Plain Old Patent Infringement

Why Patent Holdout is Not Just a Fancy Name for Plain Old Patent Infringement

Anne Layne-Farrar
Antitrust & Competition | United States Antitrust

In the North America Column for Competition Policy International, Anne Layne-Farrar discusses patent holdup, where a standard essential patent (SEP) holder exploits a licensee’s costs to switch away from the related standard as a means of obtaining royalties above the fair, reasonable, and non-discriminatory (FRAND) level. In some circles, patent holdout is dismissed as no more than a fancy name for regular patent infringement. In this article, she explains why this view reflects a lack of understanding of important differences between traditional patent litigation and litigation over SEPs under a FRAND obligation. For more information, click the link below. 

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