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The Latest in AT/IP: FTC Rules Against Rambus -- Lack of Disclosure Leads to Finding of Violation of the Sherman Act

Client Alert | 1 min read | 08.02.06

The Federal Trade Commission has determined that Rambus, Inc. unlawfully monopolized the markets for four computer memory technologies that have been incorporated into industry standards for dynamic random access memory ("DRAM") chips. While participating in the Joint Electron Device Engineering Council (JEDEC), a standard-setting organization, Rambus failed to disclose to the organization or its members that it was actively working to develop, and possessed, a patent and several pending patent applications that involved specific technologies ultimately adopted in the standards. The FTC found that Rambus' omission constituted deceptive conduct sufficient to violate Section 2 of the Sherman Act.

In rendering its opinion, the FTC explained that members of standard-setting organizations have a good faith duty to disclose intellectual property rights, particularly where membership in an organization expressly requires such disclosure. The FTC held that where disclosure is required, non-disclosure of a patent followed by adoption of that patent into a standard and royalty demands by the non-disclosing patent owner was considered a "material omission" constituting a violation of Section 5 of the FTC Act in addition to Section 2 of the Sherman Act. Appeals are expected.

For more information: http://www.ftc.gov/opa/2006/08/rambus.htm

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Client Alert | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....