Hold Up

January 3, 2018
Heiden, Bowman and Petit, Nicolas

Patent and the Royalty Gap: Exploring the Nature and Impact of Patent Holdouts

This paper suggests that a new concept -- “patent trespass” -- should replace the “patent holdout” concept. This new concept, which conforms with mainstream economic theory, is a better characterization for technology implementers’ attempt to evade the conclusion of licensing agreements. “Patent...Read More

February 7, 2017
Epstein, Richard and Noroozi, Kayvan

Why Incentives for 'Patent Holdout' Threaten to Dismantle FRAND, and Why it Matters

This paper demonstrates that an implementer-centric view of FRAND is false and incentivizes the very patent holdout problem FRAND was intended to avoid. An increasing number of judges, legislators and scholars wrongly believe that the FRAND commitment was principally created to advance the...Read More

Wong-Ervin, Koren and Wright, Joshua

Intellectual Property and Standard Setting

September 2016
Kattan, Joseph and Ordover, Janusz and Shampine, Allan

FRAND and the Smallest Saleable Unit


Interdigital vs. Nokia & ZTE Initial Determination on Remand

Initial Determination on Remand for Interdigital vs. Nokia & ZTE 337-TA-613Read More

August 2015
Froeb, Luke and Shor, Mikhael

Innovators, Implementers, and Two-sided Hold-up

In February of 2015, the U.S. Department of Justice issued a Business Review Letter regarding proposed revisions to the Institute of Electrical and Electronics Engineers (IEEE) Patent Policy. This policy focuses on commitments by firms contributing patented technology to standards promulgated by...Read More

August 2015
Galetovic, Alexander and Haber, Stephen and Levine, Ross

An Empirical Examination of Patent Holdup