Commissioner Julie Brill defends FTC’s patent policing

Federal Trade Commission member Julie Brill and a top Qualcomm attorney clashed over whether companies who agree to license standards-essential patents to enable others to build off their technology ought to be able to seek injunctions if they have a conflict.

Qualcomm Vice President Fabian Gonell questioned the FTC's place to interfere with such litigation at a POLITICO Pro 2012 Technology luncheon. Commissioner Brill forcefully responded, saying that the FTC has a place "if it has an impact on competition." "When this issue comes up in a competition sense, we will take action because we think there’s been some anti-competitive act," Commissioner Brill said. "It’s one thing to go to court and seek an adjudication based on FRAND-encumbered SEPs. It’s another thing to lock down the technology that was supposed to be licensed based on FRAND rates."