Rambus Dodges an Antitrust Bullet from the FTC


In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC?s landmark order against Rambus Incorporated, which had sought to limit royalties Rambus could charge for certain patented DRAM technology that had been incorporated into various industry standards. Rambus, Inc. v. Federal Trade Commission, No. 07-1086 consolidated with 07-1124, 2008 U.S. App. LEXIS 8662 (D.C. Cir. April 22, 2008). The decision sharply undercuts the FTC?s effort to limit so-called ?patent hold-up? threats to standard-setting activities, and consequently highlights the need for standardsetting organizations (?SSOs?) and their participants to establish clear IP rules and self-police compliance in order to avoid later problems regarding the use of proprietary technology in a standard.

Please see full newsletter for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Fenwick & West LLP | Attorney Advertising

Written by:


Fenwick & West LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.