Antitrust Liability In Standard-Setting Procedures

Law360, New York (August 12, 2008, 12:00 AM EDT) -- On April 22, 2008, the U.S. Court of Appeals for the District of Columbia Circuit reversed a key Federal Trade Commission (FTC) decision finding antitrust liability for failing to disclose intellectual property rights during a standard-setting process.[1]

In 2006, the FTC found Rambus Inc. (“Rambus”) guilty of monopolization by deceptively failing to disclose its patents and patent applications concerning technology that was later adopted as part of the industry standard.

Gaining inclusion into the standard, the FTC reasoned, would force businesses that wanted to develop certain...
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