The firm has filed a pro bono, “friend of the court” brief in support of the Federal Trade Commission’s (FTC) petition to the Supreme Court for a writ of certiorari in its prosecution of Rambus Incorporated. The Rambus case represents one of the most important standards development prosecutions by regulators of the last ten years. The brief was written by Andrew Updegrove, and is supported by 19 standard setting organizations (SSOs), representing over 13,300 members. As noted in the brief itself, these SSOs:
…represent a broad range of SSOs that participate in the standard setting process, and each is greatly concerned by the adverse effects that it anticipates will result from the [lower court reversal of the FTC’s sanctions of Rambus]. Those effects will reach virtually all aspects of modern society, commerce, education and government, because all of these interests rely heavily upon the efficient development and broad adoption of standards by the private sector.
The pervasiveness of standards, and of the potential reach of the decision on petition, is indicated by the range of focus of the amici curiae that have joined in this brief. They include SSOs that develop standards or support standards development in sectors as diverse as defense, consumer electronics, photography, on-line learning, geospatial information, credit “smart” cards and a broad array of computer system products and services.
The purpose of this amicus brief is not to make legal arguments, but to acquaint the Court with information supporting a decision by the Court to allocate its limited time to consideration of the legal questions at issue. In brief, amici curiae wish the Court to understand the increasing dependency of all aspects of society, commerce and government on standards, and the fragility of the process by which such standards are developed. Amici curiae believe that the type of conduct that the FTC found Rambus Incorporated (Rambus) to have engaged in, if allowed to go unredressed, would severely undermine and jeopardize the continued existence of that fragile process.