USFTCUnited States Federal Trade Commission
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(111) Furthermore, additional guidance regarding the availability of injunctions in cases involving FRAND-encumbered SEPs can be found through examining USFTC settlement agreements.
Additionally, a number of USFTC settlements, including In the Matter of Bosch (112) and In the Matter of Motorola Mobility, (113) show voluntary outcomes of negotiations involving FRAND-encumbered SEPs.
Under the Bosch agreement, Bosch is obligated to license its SPX essential patents under FRAND terms and may seek injunctive relief only in the following instances: (1) a court determines the SEP is being used for a purpose other than to conform to the standard it is essential to; (2) a party, in writing, refuses to license the SEP(s); or (3) a party refuses to license the SEP(s) "on the terms which have been found to comply with the Letter of Assurance through a process agreed upon by both parties or through a court." (116) Although this settlement is only binding on Bosch, it indicates that as a policy matter the USFTC sees injunctive relief for holders of FRAND-encumbered SEPs as appropriate only in exceptional circumstances.