Innovators, Implementers, and Two-sided Hold-up

Luke Froeb, and Mikhael Shor

9/02/2015
(Original Publish Date: 2015)

Luke Froeb and Mikhael Shor contend that certain policies recently adopted by standard-setting organizations and confirmed by the U.S. Department of Justice are excessive means of addressing patent hold-up problems and may ultimately harm the incentives for innovation. They point in particular to policies basing RAND terms on the smallest salable patent practicing unit and curtailing the use of injunctive relief by holders of SEPs.