“Patent Holdup” by owners of standard-essential patents (SEPs) has been a significant antitrust concern of the Federal Trade Commission since at least the mid-1990s and of the Department of Justice since at least the mid- 2000s. Both the term and the concern can be defined as the ability of a patent owner to extract higher royalties (or other more onerous license terms) than the owner could have obtained before its patented technology was incorporated into an industry standard.

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