Today, a notice and request was published in the Federal Register, inviting the public to comment on the FTC’s proposed consent agreement with Google and Motorola Mobility in FTC File No. 121-0120. This proposed consent agreement would close the FTC’s investigation into certain Google/Motorola Mobility business practices concerning licensing and assertion of standard-essential patents that Motorola previously agreed to license on RAND terms (for more details, see our prior post on the consent agreement).
In order to aid the public in commenting on the proposed order, the Federal Register request for comments also includes additional information: (1) the FTC’s analysis of the proposed consent order; (2) a separate statement filed by Commissioner J. Thomas Rosch; and (3) a dissenting statement filed by Commissioner Maureen K. Olhausen.
Interested parties may submit comments to the FTC via an online submission website or in paper (by regular mail or hand delivery to the FTC). Any comments must be received by February 4, 2013 in order to be considered. Timely public comments will eventually be published on the FTC web site.
Given the widespread attention and commentary that the FTC investigation of Google and proposed settlement have already drawn from the press, industry participants, and even those in Congress, the FTC is likely to receive a substantial amount of comments reflecting diverse viewpoints — likely surpassing the number and scope of comments received by the FTC concerning its consent agreement in In re Robert Bosch GmbH, a recent FTC investigation that also included RAND and SEP issues.