The ITC Should Put Its Foot Down on Patent Holdout and Holdup
Mintz's Intellectual Property Chair Michael T. Renaud and Member Jonathan J. Engler co-authored an article published in the July/August 2022 issue of Intellectual Property & Technology Law Journal exploring how the International Trade Commission (ITC) should put its foot down on patent holdout and holdup. The authors wrote, "Much ink has been spilled on the alleged risk of patent “holdup” in U.S. International Trade Commission (“ITC”) Section 337 investigations...The argument runs that owners of Standard Essential Patents (“SEP”) supposedly use the threat of ITC remedial orders to seek excessive license fees for patents that have been declared standard essential." The problem with the holdup argument is that it has no basis in fact.
Intellectual Property & Technology Law Journal