Faced with the growing problem of efficient infringement and the difficulty of obtaining adequate protection from the courts, US owners of standard-essential patents need to develop creative strategies to protect the value of their rights.
In a comprehensive article, published as a feature in Intellectual Asset Management magazine, several Mintz Levin attorneys discuss the extent of the growing problem, the courts' focus on "patent hold-up, not hold-out" (including analysis of Microsoft v. Motorola, CSIRO v. Cisco, Certain 3G Mobile Handsets, and Certain Wireless Devices with 3G and/or 4G Capabilities), the implications for moving forward, and some thoughts on strategy to overcome efficient infringement. IAM | Sept/Oct 2016: "Efficient infringement and the undervaluation of standard-essential patents"
A sidebar in the article points out that in dealing recently with the issue of patent hold-out, European courts appear to be demonstrating a better understanding of the issue and the threat it poses.
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