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I actually think Benchmade licenses the hole from Spyderco.
I don't believe so. If I recall correctly, the ruling was that you can't patent or trademark a hole because it's a 'Functional Feature'.
All that is known is that spyderco and benchmade reached an agreement of sorts.
I have a couple of Benchmades with holes but they don't work as well as the Spyderco's because the holes are relatively small and the edges have too much radius.
I had a mini-grip with a hole. I much preferred it to the thumb stud, but i found the ergos to be a step below the Spydercos. No other knife company makes as ergonomic a folder IMO.
Somebody nearly copies the Endura and cuts a slot through the opening hole...they ain't foolin me.