On January 8, the U.S. Department of Justice, Antitrust Division (“DOJ”) and the U.S. Patent & Trademark Office (“PTO”) (collectively, “the Agencies”) issued a joint policy statement regarding remedies for Standards-Essential Patents (“SEPs”) subject to voluntary fair, reasonable and non-discriminatory (“FRAND”) commitments. This joint statement came just days after the FTC’s statement in Google, which … Continue Reading
The FTC recently issued two decisions and proposed consent orders concerning Section 5 of the Federal Trade Commission Act (“FTCA”) and standard essential patents (“SEPs”). Not only do these decisions emphasize the Commission’s willingness, under certain circumstances, to bring stand-alone Section 5 claims against holders of SEPs, but they also attempt to provide a template … Continue Reading
With or without changes, Robinson-Patman is here to stay For the first time in 22 years, the Federal Trade Commission seeks public input into whether the Guides for Advertising Allowances and Other Merchandising Payments and Services – a/k/a the “Fred Meyer Guides” – should be updated, retained in their current state, or eliminated. The Guides … Continue Reading
