The European Commission has issued a consultation on the commitments offered by Rambus in connection with the Statement of Objections sent to Rambus in July 2007 detailing the Commission’s preliminary view that Rambus was abusing its dominant position contrary to Article 82 of the EC Treaty by charging unreasonable royalties for patents for technologies used in Dynamic Random Access Memory (DRAM) chips. The Commission indicated that Rambus had the ability to charge such royalties as a result of a “patent ambush”, whereby it failed to disclose relevant patents or patent applications which it later claimed formed part of the industry standard for DRAM chips. The Statement of Objections stated that a suitable remedy would be for Rambus to charge a reasonably, non-discriminatory royalty rate. While Rambus has not accepted the Commission’s preliminary findings, it has offered to grant a bundled five-year non-exclusive, non-transferable licence for the use of all its DRAM technology patents, as well as proposing maximum royalty rates to apply under the licences.
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Commission consults on commitments offered by Rambus
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