FTC and DOJ Face Off Over Antitrust And FRAND Licensing In FTC v. Qualcomm

Ever wondered what a "standards essential patent" or a "FRAND" standards commitment was - and why they matter so much? There's a case in process right now that may redefine what technology a vendor does and does not have to share with its competitors

Antitrust law in the United States is regulated by both the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC). Usually, these two agencies are able to reach a common understanding on antitrust policy and enforcement. Infrequently, they find themselves in disagreement. Currently, the proper antitrust treatment of standard-essential patents and patent-holder commitments to make these patents available on “fair, reasonable and non-discriminatory terms” is such an occasion. The disagreement has come to a head in FTC v. Qualcomm, now on appeal before the Ninth Circuit. [b]Standard-Essential Patents and “FRAND”[/b] First, a brief introduction to standard setting and essential patents...

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