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George (2006) - What Is Hiding In The Bushes Ebays Effect On Holdout Behavior In Patent Thickets (view source)
Revision as of 19:19, 25 March 2013
, 19:19, 25 March 2013no edit summary
*:''"An overall decrease in patent litigation [as a result of eBay decision]...certain areas of technology currently covered by dense patent thickets might be converted into a de facto public domain, without even token licensing agreements between patent rights holders."''
*Given lower costs of patent litigation, as a result of the eBay decision: :''"opportunistic standard-setting organizations in patent thickets might attemptto take advantage of smaller patent holders when consideringadoption of an improvement to an existing standard. The larger organization might purposely offer unfavorable royalty-free terms to any smaller patent holder wishing to join the patent collection, causing many of them to holdout. The organization could then expropriate the holdouts’ innovative improvements without risking an injunction, because the smaller holdouts would have difficulty showing an irreparable injury."''
