News & Analysis
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Why Incentives for "Patent Holdout" Threaten to Dismantle FRAND, and Why It Matters

Richard Epstein and I have published an updated version of our article discussing the FRAND bargain, and why systematic misunderstandings and biases driving American courts' application of FRAND presents notable dangers that extend far beyond the realm of licensing standard-essential patents. The article will be published in the Berkeley Technology Law Journal later this year.