On July 23, 2013, the FTC issued a final Decision and Order in the In re Motorola Mobility LLC, and Google Inc., Docket No. C-4410, permitting Motorola/Google to seek Covered Injunctive Relief only for alleged infringement of a FRAND patent against a potential licensee who:  “1. is outside the jurisdiction of the United States District Courts …; 2. has stated in writing or in sworn testimony that it will not license the FRAND Patent on any terms; PROVIDED THAT for the purposes of this paragraph, challenging the validity, value, Infringement or Essentiality of an alleged infringing FRAND Patent does not constitute a statement that a Potential Licensee will not license such FRAND Patent; 3. refuses to enter a License Agreement covering the FRAND Patent on terms that have been set in the Final Ruling of a Court or through Binding Arbitration; or 4. Does not provide the written confirmation requested in a FRAND Terms Letter within thirty (30) days …; PROVIDED, HOWEVER, that Respondents shall not assert in any Court that such written confirmation constitutes a specific agreement to license on any particular terms.”  The FTC initially issued a draft Decision and Order on January 3, 2013, and following a public comment period, the FTC made technical modifications to several provisions in the Decision and Order, including those pertaining to the arbitration process to resolve disputes over FRAND terms.