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The Federal Trade Commission today issued the Final Order in its action against Google involving that company’s assertion of certain “standards essential patents” (SEPs).
Google gained control of the patents in question through its earlier acquisition of Motorola Mobility and asserted them against various mobile device vendors. Those parties cried foul, claiming that the terms that Google had demanded were inconsistent with the obligations assumed to license the SEPs on “fair, reasonable and non-discriminatory” (FRAND) terms to all implementers of the standards in question.
Google agreed to a settlement with the FTC this past January, following which the FTC released a draft settlement order for public comment. The Final Order just released includes a variety of adjustments and changes resulting from the 25 comments received during the public comment period.
To those not directly involved in the underlying disputes, a letter to commenters may be of greater interest than the Final Order itself, because the comments in the letter further explain the still-evolving thinking of the FTC in an area in which it (as well as European regulators) has lately been taking a strong interest.
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