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FTC Announces The Final Google/Motorola Settlement - No Ban on Injunctions for FRAND patents ~pj Updated

By Pamela Jones et al.

Here's today's announcement from the FTC: "FTC Finalizes Settlement in Google Motorola Mobility Case". And here's the Final Order [PDF], based on the settlement with Google, who admitted no fault and for good reasons, in my view, in that it wasn't at fault. I've long maintained that this is a manufactured complaint to smear and harass and hamper Google by competitors, the usual suspects. And the good news is, The FTC altered the settlement terms to try for more balance than the draft it published for comment back in January.

The ban on injunctions on the Motorola FRAND patents has been lifted, although there remain certain restrictions. What does it mean? It means, to me, that there have been reverberations from the ITC decision recently to grant an injunction against Apple for reverse patent hold up, rejecting its defense that Samsung was violating its FRAND obligations by asking for too much to license. That told the world that injunctions are available to FRAND patent owners. Second, I think it means that the Microsoft/Apple/FOSSpatents campaign to make the world believe it should be impossible for FRAND patent owners to seek injunctions is failing. The tide is turning. Third, this is an order based on a settlement agreement, so it doesn't apply necessarily to anyone else but Google's Motorola patents. But it should have an impact on litigation currently in progress.

Full post as published by Groklaw on July 24, 2013 (boomark / email).