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Opponents of the use of Section 337 by Standard Essential Patent (SEP) holders claim that the threat of ITC exclusion orders lends itself to patent hold-up. These opponents, however,...
Standard Essential Patent holders Section 337 use opponents claim ITC exclusion order threat creates patent hold-up, have no example of successfully argued patent hold-up case. Section 337 investigations allow for proof of process abuse by seeking royalties on unfair terms.