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

February 2016

In some circles, patent holdout is dismissed as no more than a fancy name for regular patent infringement. The thinking here is that when an implementer does not take a license to SEPs, it can be sued for patent infringement just as with any other patent. Thus, patent holdout is merely old wine in a new bottle, with no need for any special treatment. In this article, I explain why this view reflects a lack of understanding of important differences between traditional patent litigation and litigation over SEPs under a FRAND obligation.

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