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Antitrust Keyed to Gavil, 5th Ed.
Rambus Inc. v. FTC
Citation:
522 F.3d 456 (2008)Facts
Rambus developed computer memory technologies and filed a patent application in 1990. From 1992 to 1996, Rambus participated in JEDEC, an industry standard-setting organization that was developing standards for SDRAM and later DDR SDRAM. During this time, JEDEC adopted standards that included four technologies over which Rambus claimed patent rights: programmable CAS latency, programmable burst length, on-chip PLL/DLL, and dual-edge clocking. The FTC alleged that Rambus violated JEDEC’s disclosure policies by failing to disclose its patent interests in these technologies during the standard-setting process. After the standards were adopted and widely implemented in the industry, Rambus informed manufacturers that they were infringing on its patents and demanded royalty payments. The FTC found that Rambus’s conduct was deceptive and exclusionary, constituting unlawful monopolization of four technology markets. The Commission determined that but for Rambus’s deception, JEDEC either would have excluded Rambus’s patented technologies from the standards or would have demanded RAND licensing commitments.
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