Do SEP Holders Seeking Injunctions Violate Section 2?
Law360, New York (March 21, 2013, 12:11 PM EDT) -- A current hot topic among antitrust-intellectual property practitioners and regulators is whether standard essential patent holders who have committed to license their patents on fair, reasonable and nondiscriminatory terms should be permitted to seek injunctive relief against alleged infringers. This situation can be particularly troubling because SEP holders often make the FRAND commitments to standard setting organizations in exchange for having their patented technology included in a standard. The concern is that once the SSO and industry have relied on the SEP holder's FRAND commitment and created the standard, the SEP holder could engage in patent holdup by reneging on its FRAND commitment and extracting non-FRAND royalty rates and licensing terms....
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