Here’s a common assumption among clients: “My company has a patent on that technology, so I have the legal right to decide whom to license that patent to, and on what pricing terms to do so.”
Although it is well accepted that a patent grant is the right to exclude others from practicing that technology, the ability to do so is more nuanced when it comes to a special category of patents that previously were pledged to an industry standard. In those unique circumstances, it is becoming increasingly clear that patent owners may find themselves in hot water should they try to exclude others from using that technology, or attempt to charge excessive prices for access to that technology.
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