Patent hold-out

Patent hold-out refers to the conduct of an implementer of technology covered by a standard-essential patent who continues to use that technology without a licence while delaying, avoiding or deliberately frustrating negotiations aimed at concluding a licence on FRAND terms. Such conduct may include failing to respond promptly to an offer, engaging in repeated delaying tactics, failing to submit a timely FRAND counter-offer, or refusing to pay the royalty ultimately determined.