FTC's Tough Message On Standard-Essential Patents

Law360, New York (December 6, 2012, 10:46 AM EST) -- The Federal Trade Commission announced on Dec. 3 a proposed consent decree in connection with Robert Bosch GmbH's acquisition of a division of SPX Corporation. This action is notable for several reasons:

The commission made important statements about its enforcement intentions regarding alleged breaches of fair, reasonable and nondiscriminatory ("FRAND") commitments for declared standard-essential patents (SEPs). Most importantly, the commission said, in appropriate circumstances, it will use its authority under Section 5 of the Federal Trade Commission Act to challenge attempts by holders of FRAND-committed SEPs to obtain injunctions against implementers of standards.

The FTC is using Section 5, which prohibits...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!