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.
Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...