The US Federal Trade Commission imposes limits on enforcing FRAND licensing of standards-essential patents through the threat of seeking of injunctions (Google / Motorola)

Introduction In January of 2013, the Federal Trade Commission and Google (acting through its subsidiary, Motorola Mobility) signed a Consent Order ending the agency's investigation into a number of practices. [1] Much of the Order is aimed at imposing antitrust-based limits on the allowable process for enforcing FRAND licensing of standards-essential patents (SEPs) through the threat of seeking of injunctions. Unfortunately, there are some problems with the FTC's theory of enforcement. The Terms of the Order Under the terms of the Order, Google must follow a predetermined process in seeking injunctions to enforce its FRAND-obligated SEPs. Most notably, the alleged infringer must be an "unwilling licensee" before an injunction may be sought. The Order defines as unwilling any

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Authors

  • International Center for Law & Economics (Portland)
  • International Center for Law & Economics (Portland)

Quotation

Geoffrey Manne, Kevin Ohlhausen, The US Federal Trade Commission imposes limits on enforcing FRAND licensing of standards-essential patents through the threat of seeking of injunctions (Google / Motorola), 3 January 2013, e-Competitions Bulletin Commitment Decisions, Art. N° 51474

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