strongHoldingstrong Up and strongHoldingstrong Out - Santa Clara University.pdfVIP

Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 8-30-2013 Holding Up and Holding Out Colleen Chien Santa Clara University Sc hool of Law, colleenchien@ Follow this and additional works at : ttp:///facpubs Part of the Law Commons Automated Citation Colleen Chien, Holding Up and Holding O ut (2013), Available at : ttp:///facpubs/798 This Article is broug t to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It as been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact sculawlibrarian@. Santa Clara University School of Law Legal Studies Research Papers Series Working Paper No. 19-13, August 2013 “Holding up” and “Holding Out” Colleen V. Chien Associate Professor of Law Santa Clara University School of Law This paper can be downloaded without charge from the Social Science Research Electronic Paper Collection: /abstract=2318648 “Holding up” and “Holding Out” Colleen Chien1 Abstract Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it’s most vulnerable – after it has implemented a technology – and is able wrest a settlement because it’s too late for the company to change course. Patent “hold-out” is a term I use to describe the practice of companies routinely ignoring patents and resisting pat