European Commission considers commitments proposed by Rambus

On 12 June 2009 the European Commission published commitments proposed by Rambus which, if subsequently made binding by a Commission decision, allow the investigation of the licensing practices of Rambus to be closed.

The Commission is of the preliminary view that Rambus has abused its dominant position by demanding unreasonably royalties for its Dynamic Random Access Memory patents following deceptive conduct (patent ambush) within a standard-setting organization. According to the Commission, absent the intentional deceptive conduct, Rambus would not have been able to charge as high royalty rates as it does, rendering the conduct an infringement of Article 82 EC Treaty in this context.

While Rambus does not agree with the facts and the legal analysis, it has  in order to meet the competition concerns identified by the Commission  proposed commitments that include maximum royalty rates for chips and memory controllers and a most-favored-customer clause. They would be applicable over a five-year period following a commitment decision.

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