On July 23, the Federal Trade Commission (FTC) approved its Final Order settling allegations that Google had reneged on its commitments to license its standard-essential patents (SEPs) held by its subsidiary Motorola Mobility on fair, reasonable, and non-discriminatory (FRAND) terms and instead pursued or threatened to pursue injunctions and exclusion orders against companies making smart phones, laptop and tablet computers, and gaming consoles.
After considering the twenty-five public comments, the FTC modified certain provisions in the Final Order, including those pertaining to the arbitration to resolve disputes over FRAND terms. The FTC also explained certain provisions in a letter sent to the commenters on July 23.
The FTC noted the proposed Consent Order resolved its concerns regarding Google pursuit of injunctions and exclusion orders based on infringement of SEPs subject to FRAND terms, and established a process to allow implementers of Google's SEPs to obtain a license on FRAND terms and a neutral third party to set those terms.
Copyright © 2013 Robert Moll. All rights reserved.
