FTC Invokes Novel Theories In Standard-Setting Case

Law360, New York (February 5, 2008, 12:00 AM EST) -- On Jan. 23, 2008, the Federal Trade Commission announced it had entered into a consent decree with Negotiated Data Solutions LLC (“N-Data”) to settle a complaint against the company for repudiating a prior commitment to license users of its computer communications technology.

The commitment had been made to induce a standard-setting organization to adopt the technology in its standard. Issues involving intellectual property in the standard-setting process are an area the agency has monitored very carefully; this action is another example of that scrutiny.

The FTC’s...
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