Etats-Unis : une décision de justice relance le débat entre droit de la concurrence et propriété intellectuelle
| Auteur | Legal News |
En 2006, la Federal Trade Commission (FTC) avait reconnu que la société Rambus, spécialisée dans le développement de composants informatiques, avait commis une pratique d'exclusion en ayant sciemment dissimulé ses brevets alors que l'organisme de standardisation auquel il appartenait prévoyait leur divulgation. Cette abstention, selon la FTC, avait en effet privé les fabricants de la possibilité de choisir une technologie alternative ou bien de négocier des conditions de licence avec Rambus. Saisie sur recours, une cour d'appel américaine a annulé cette décision au motif que ces deux alternatives n'étaient pas fondées. L'arrêt de la cour d'appel estime en effet qu'une atteinte à la concurrence sous la forme d'une exclusion n'est pas démontrée puisque qu'en l'espèce le seul effet était la perte d'une possibilité de négocier des conditions...
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