Mass Law Blog

Will the FTC Appeal the D.C. Circuit's Decision in FTC v. Rambus?

by | Oct 7, 2008

At least one FTC Commissioner recently stated that he would support an appeal:

As I said earlier, I personally support a petition for certiorari in Rambus. I think the D.C. Circuit’s decision is wrong and given the fact that it rests on important legal principles respecting causation in Section 2 cases. I think its implications are much broader than the standard setting context. The petition is due in mid- November and it is my hope that the Solicitor General weighs in to support us on this important effort.

Section 2 and Standard Setting: Rambus, N-Data & The Role of Causation
J. Thomas Rosch, Commisioner, Federal Trade Commission, Oct. 2, 2008

Click here for an earlier discussion of the D.C. Circuit Court of Appeals’ decision in the FTC/Rambus litigation.