United States DC Circuit

Petition for review of an FCC order finding that Rambus had engaged in an unfair method of competition and unfair or deceptive acts or practices prohibited by section 5(a) of the Federal Trade Commission Act, based on a failure to disclose to a standard setting organization the patent interests it held in four technologies that were standardized, is granted due to the Commission's failure to sustain its allegation of monopolization.

Appellate Information

• Argued 02/14/2008
• Decided 04/22/2008
• Published 04/22/2008

Judges

• Before:  HENDERSON and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• A. Douglas Melamed argued the cause for petitioner.   With him on the briefs were Paul R.Q. Wolfson, Sambhav N. Sankar, Andrew J. Ewalt, and Pratik A. Shah., S.M. Oliva, appearing pro se, was on the brief for amicus curiae S.M. Oliva in support of petitioner.


• For Appellees:
  
• John F. Daly, Deputy General Counsel for Litigation, Federal Trade Commission, argued the cause for respondent.   With him on the briefs were John D. Graubert, Principal Deputy General Counsel, William E. Cohen, Deputy General Counsel for Policy Studies, and Leslie R. Melman, Imad D. Abyad, Richard B. Dagen, and Patrick J. Roach, Attorneys., Alan J. Weinschel, Daniel I. Prywes, and Daniel T. O'Connor were on the brief of amici curiae JEDEC Solid State Technology Association, et al. in support of respondent and affirmance.  Amber H. Rovner and Carmen E. Bremer entered appearances., Jennifer L. Pratt, Assistant Attorney General, Attorney General's Office of the State of Ohio, was on the brief for amici curiae State of Ohio, et al. in support of respondent.   With her on the brief were Marc Dann, Attorney General, Talis J. Colberg, Attorney General, Attorney General's Office of the State of Alaska, Terry Goddard, Attorney General, Attorney General's Office of the State of Arizona, Dustin McDaniel, Attorney General, Attorney General's Office of the State of Arkansas, John W. Suthers, Attorney General, Attorney General's Office of the State of Colorado, Linda Singer, Attorney General, Attorney General's Office of the District of Columbia, Bill McCollum, Attorney General, Attorney General's Office of the State of Florida, Mark Bennett, Attorney General, Attorney General's Office of the State of Hawaii, Lawrence G. Wasden, Attorney General, Attorney General's Office of the State of Idaho, Lisa Madigan, Attorney General, Attorney General's Office of the State of Illinois, Thomas J. Miller, Attorney General, Attorney General's Office of the State of Iowa, Paul J. Morrison, Attorney General, Attorney General's Office of the State of Kansas, Charles C. Foti, Jr., Attorney General, Attorney General's Office of the State of Louisiana, G. Steven Rowe, Attorney General, Attorney General's Office of the State of Maine, Douglas F. Gansler, Attorney General, Attorney General's Office of the State of Maryland, Martha Coakley, Attorney General, Attorney General's Office of the Commonwealth of Massachusetts, Michael A. Cox, Attorney General, Attorney General's Office of the State of Michigan, Lori Swanson, Attorney General, Attorney General's Office of the State of Minnesota, Jeremiah W. (Jay) Nixon, Attorney General, Attorney General's Office of the State of Missouri, Catherine Cortez Masto, Attorney General, Attorney General's Office of the State of Nevada, Anne Milgram, Attorney General, Attorney General's Office of the State of New Jersey, Gary King, Attorney General, Attorney General's Office of the State of New Mexico, Andrew M. Cuomo, Attorney General, Attorney General's Office of the State of New York, W.A. Drew Edmondson, Attorney General, Attorney General's Office of the State of Oklahoma, Hardy Myers, Attorney General, Attorney General's Office of the State of Oregon, Roberto J. Sánchez Ramos, Attorney General, Attorney General's Office of the Commonwealth of Puerto Rico, Lawrence E. Long, Attorney General, Attorney General's Office of the State of South Dakota, Mark L. Shurtleff, Attorney General, Attorney General's Office of the State of Utah, William H. Sorrell, Attorney General, Attorney General's Office of the State of Vermont, Robert M. McKenna, Attorney General, Attorney General's Office of the State of Washington, Darrell V. McGraw, Jr., Attorney General, Attorney General's Office of the State of West Virginia, and Arthur Ripley, Jr., Attorney General, Attorney General's Office of the American Samoa Government.  Bennett Rushkoff, Assistant Attorney General, Attorney General's Office of the District of Columbia, entered an appearance.