Rambus, N-Data, and the FTC: Balancing Patent Holder Rights and Consumer Protection in Standards-Setting Organizations

Currently, there are a large number of standards-setting organizations (SSOs) in the United States. There is a diversity of opinion as to what the best practices should be for such organizations, and whether and how much the government, and especially the Federal Trade Commission, should regulate these organizations. Most commentators agree that any solution will not apply to all situations and that the government should not impose overly strict regulation. Nevertheless, governmental guidance can enhance the SSO participation process and encourage the adoption of best practices that will benefit SSO participants and the public. However, the FTC must take care to not over-regulate and cause chilling of participation by vital member firms.

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