FTC Stands Against Essential-Patent Bans, But Fight Isn't Over

Law360, New York (November 27, 2012, 7:49 PM EST) -- A recent Federal Trade Commission merger decision barring Robert Bosch GmbH from pursuing injunctions on certain standard-essential patents shows the kind of assurances the antitrust watchdog may seek in future cases over SEP injunctions, but the agency may have a harder time convincing companies to agree to similar terms outside of the merger context.

As part of a package of conditions the FTC put on Bosch's $1 billion acquisition of SPX Service Solutions U.S. LLC, Bosch had to agree not to sue for injunctive relief over SPX's portfolio of SEPs and agree to license them for free to companies using certain...

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