U.S. Supreme Court denies certiorari in FTC v. Rambus

On 23 February 2009 the U.S. Supreme Court denied the FTC’s petition for writ of certiorari which sought review of the D.C. Circuit’s Rambus v. FTC decision.

In April 2008 the D.C. Circuit set aside and remanded the FTC’s decision on that Rambus engaged in monopolization by not properly disclosing its patents while participating in the development of an industry standard. The D.C. Circuit considered that the FTC had not established monopolization under the Section 2 Sherman Act standards and also expressed doubts on whether the FTC could on remand alternatively establish a stand-alone violation of Section 5 FTC Act.

Following the refusal of the U.S. Supreme Court to review the D.C. Circuit decision, on 25 February 2009 the FTC withdrew the matter from adjudication for the purpose of considering the proper resolution of the matter in light of the D.C. Circuit’s mandate.