02 December 2008

Patent Ambush

Zusha Elinson provides a great article about the idea, and consequences, or a "patent ambush." I have some experience with patent holders asserting rights in a matter where there is an applicable regulatory standard. It does seem that there is something unfair about a patent holder being in the position of an indispensable licensor. At least this shows that such a patent holder should only be able to achieve that status after full disclosure.