Cheat to Win? Despite the failure of the FTC to nail Rambus, honesty on your patents may still be the best policy
Corporate Counsel
January 2009
The article discusses the case Rambus Inc. v. Federal Trade Commission, in which the U.S. Court of Appeals for the D.C. Circuit provides new guidance on a patent-holder's failure to disclose patent rights during a standard-setting proceeding, finding that such non-disclosure does not violate antitrust laws. The article discusses the implications of this most recent decision in a series of cases involving so-called patent ambush conduct.