• Down the Rabbit Hole with Rambus
  • November 11, 2009
  • Law Firm: Richard Wolfram - New York Office
  • An incorrectly reasoned antitrust decision by a leading US federal court of appeals can cast a wide shadow, with unfortunate consequences for competition. If steps are not taken to correct the error, or to limit its effects, then it might be repeated and the costs to society can multiply. Such is the case, in my view, with Rambus v FTC, the April 2008 decision by the District of Columbia Circuit Court of Appeals regarding alleged patent hold-up in standard setting (522 F.3d 456 (DC Cir 2008)), and with more reason now, following the Supreme Court's rejection in February of the FTC's petition to review the decision.